MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
MAY 28, 2024, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on May 28, 2024. 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
None.
3. CLOSED SESSION
3.A. Approval of Minutes - Closed Session
Approve the April 30, 2024 Closed Session Minutes.
3.B. Conference with Legal Counsel — Existing Litigation. pursuant to Government Code Section 54956.9(d)(1)
Heather Dominguez v City of Whittier, Case No. 20STCV05463
3.C. Conference with Legal Counsel — Existing Litigation. pursuant to Government Code Section 54956.9(d)(1)
Jason Zuhlke v. City of Whittier, Case No. 23NWCV00999
3.D. Conference with Legal Counsel — Anticipated Litigation. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9
One Case.
3.E. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: State Route 72, Properties along Whittier Boulevard from Esparanza 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.F. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: APN 8139-023-014, 8139-023-015, 8139-023-022
City Negotiator: Brian Saeki
Property Negotiator: Skyline Holdings LLC
Under Negotiation: Price and Terms
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:36 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
Cathy Warner, Mayor Pro Tem
Octavio Martinez, Council Member
Fernando Dutra, Council Member
Mary Ann Pacheco, Council Member
STAFF PRESENT:
Brian Saeki, City Manager
Keith Collins, Assistant City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Paymaneh Maghsoudi, Director of Library Services
Ben Pongetti, Director of Community Development
Kyle Cason, Director of Public Works
6. PLEDGE OF ALLEGIANCE
Council Member Martinez led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Collins indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
BA. PIH Health Presentation
Mayor Vinatieri discussed the collaboration between PIH Health Whittier Hospital’s Neonatal Intensive Care Unit and the Whittier Public Library and invited Director Maghsoudi to the lectern.
Director Maghsoudi introduced Judy Bremer, Clinical Director of Neonatal Intensive Care Unit (NICU), who discussed the benefits of the program and thanked the City for their support.
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The City Council congratulated the Whittier Public Library, PIH Health, and the Whittier Public Library for their collaboration on the project.
Director Maghsoudi answered a question about book donations.
8.B. Southern California Edison Scholarship Award - Erik Villa Adrian Garcia, the Southern California Edison Government Affairs Representative, discussed Erik Villa’s academic success.
Mayor Vinatieri presented Erik Villa with a certificate of recognition.
9. APPROVAL OF AGENDA
MOTION
Mayor Pro Tem Warner moved and Council Member Dutra 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:
Tom Hall; Mary Gorman-Sullens; Gail Cofer; Tom Bihr; Helen Rahder; Dave Dickerson; Magdalena Moe; Brian Ahern; Javier Garcia; Isaiah Leslie Leon Savage; and Veronica Garcia.
The following individuals provided teleconference public comments:
Nancy W.; Hunter; Christian lsraelian; D.K.; Conny McCormack; and Stephanie Val lejo.
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
1) City Council has not defunded the police.
2) The City’s budgets are audited every year, and this information is provided on the city’s website.
3) City Manager Saeki thanked the Public Works Staff, including the concrete crew, for replacing the 4,000 linear feet of copper wire that was stolen from the lighting at Murphy Ranch Little League field.
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4) City Manager Saeki thanked the Dancing with the Whittier Stars participants, the City Staff members who helped him fundraise, the City Council for their support, the Whittier Community Foundation, and the dance instructors for their patience.
12. JOINT CONSENT CALENDAR
Council Member Pacheco pulled Items 12.J. and K. for individual consideration.
Council Member Dutra pulled Item 12.D. for individual consideration.
Mayor Vinatieri recused himself from Items 12.B. (April 30, 2024, Special Meeting Minutes), 12.N. and 12.0. since he owns a restaurant within a 1000-foot radius.
Council Member Pacheco recused herself from Item 1 2.N.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Consent Calendar, with the exception of Items 12.D., 12.J., and 12.K., noting Mayor Vinatieri’s recusal on Items 12.B. ((April 30, 2024, Special Meeting Minutes), 12.N. and 12.0. and Council Member Pacheco’s recusal on Item 12.N.
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 April 23, 2024 Regular Meeting and April 30, 2024 Special Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Efrain M. Aceves, Department of Insurance (D0l)/State of California, Matthew McHale, Cesar A. Rojo-Lugo, Oliver Benavides, Rita Coronado, and Vanessa Garcia.
12.E. Type-41 Beer and Wine License for a Restaurant (D.B.A. Chuck E.
Cheese) Conditional Use Permit No. CUP24-0001 13400 Whittier Boulevard (A.l.N. 8164-001-087)
Recommendation: Receive and file the Planning Commission action approving Conditional Use Permit No. CUP24-0001, an application to allow Type-41 beer and wine license for a previously approved restaurant with arcades game located at 13400 Whittier Boulevard.
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12.F. Assistance League of Whittier Donation to Whittier Public Library Recommendation: Adopt Resolution No. 2024-26 amending the Fiscal Year 2023-24 Budget to accept an $8,000 grant from the Assistance League of Whittier and appropriate the funds for Library services and programs.
12.G. All-way Stop Control at the Intersection of Beverly Drive and Palm Avenue
Recommendation: Approve the establishment of an all-way stop at the eastern intersection of Beverly Drive and Palm Avenue.
12.H. Citywide Guardrail Improvements (Phase 2) Federal Project No. HSIPL 5111(069) — Notice of Completion
Recommendation: Accept the work performed by Aguilar & Calderon Corporation for the Citywide Guardrail Improvements (Phase 2) Federal Project No. HSIPL-51 11(069) project and authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.
12.1. Disposition of City Property
Recommendation:
1) Declare the following vehicles and equipment to be surplus:
No. 11314, 2014 Ford Police Interceptor;
No. 11319, 2005 Toyota Camry;
No. 11557, 2016 Ford C-Max Hybrid;
No. 11559, 2009 Chevrolet Impala;
No. 14613, 1988 GMC Box Van;
No. 15321, 2008 Honda ST1300PAG Motorcycle;
No. 16308, 2016 Ford Explorer;
No. 16332, 2005 Chevrolet Avalanche;
No. 16364, 2005 Chevrolet Suburban;
No. 16405, 2013 Ford Explorer;
No. 16586, 2014 Ford Escape;
No. 16587, 2014 Ford Escape;
No. 16588, 2014 Ford Escape;
No. 16597, 2011 Ford Ranger Extended Cab Truck;
No. 16598, 2011 Ford Ranger Extended Cab Truck;
No. 16601, 2010 Ford F-250 Truck with Utility Bed;
No. 16607, 2011 Ford Ranger Extended Cab Truck;
No. 16615, 2006 Ford F-250 Truck with Utility Bed;
No. 18110, 1990 GMC Dump Truck;
No. 22465, 1995 Ford F-800 Aerial Lift Truck;
No. 23723, 1990 Ford F-800 Lube and Service Truck;
No. 25151, 2003 Ford F-450 Crew-Cab Stakebed Dump Truck; No. 25436, 1999 Ford F-450 Stakebed Dump Truck; and
No. 37165, 1997 JCB 41 6B Loader.
2) Direct staff to sell the following surplus vehicles and equipment at public auction to the highest bidder: No. 11314, 11319, 11557, 11559, 14613, 15321, 16308, 16332, 16364, 16405, 16586, 16587, 16588, 16597, Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes May 28, 2024 Page 6 of 12
16598, 16601, 16607, 16615, 18110, 22465, 23723, 25151, 25436, and 37165.
12.L. Savage Canyon Landfill Best Management Practices (BMP) Installation - Award of Contract
Recommendation: Award and authorize the Executive Director to execute an agreement with BMP Contractors, Inc. in the amount of $143,467 for the Savage Canyon Landfill Best Management Practices (BMP) Installation.
12.M. Second Amendment to Land Lease Agreement A04-188IWUA-04-012 Recommendation: Authorize the City Manager/Executive Director to enter into Amendment No. 2 with T-Mobile West Tower LLC by and through CCTMO, LLC on behalf of the Whittier Utility Authority to amend agreement No. A04-188/WUA-04-012 to allow DISH Network to collocate at the Cell Tower site at the Murphy Reservoir and to extend the agreement.
12.N. Uptown Parking District No. 1
Recommendation: Approve the preliminary budget for the Fiscal Year 2024- 25 for Parking District No. 1 and set a public hearing for 6:00 p.m. on June 11, 2024, in the City Hall Council Chamber to hear public testimony and consider approving the budget and confirming the assessments.
12.0. Uptown Parking District No. 2
Recommendation: Approve the preliminary budget for Fiscal Year 2024-25 for Parking District No. 2 and set a public hearing for 6:00 p.m. on June 11, 2024, in the City Hall Council Chamber to hear public testimony and consider approving the budget and confirming the assessments.
12.P. Vehicle Donation Performance Reports
Recommendation: Receive and file the performance reports from Canning Hunger, Research Design Access, and Whittier’s First Day Coalition.
The following items were pulled for individual consideration:
12.D. New Two-Story Single-Family Residence
Development Review No. DRP23-001 7 and Variance No. VAR23-0001 16205 Aurora Crest Drive (A.IN. 8291-043-015)
Recommendation: Receive and file the Planning Commission action approving Development Review No. DRP23-0017, and Variance No.
VAR23-0001, an application for the construction of a new two-story residence, and a request to exceed the maximum allowable building and wall height for the property located at 16205 Aurora Crest Drive.
Director Pongetti answered questions regarding the justification for the variance; the retaining wall easement; the drainage easement; the Planning Commission vote; and variances of surrounding properties.
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MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to Receive and file the Planning Commission action approving Development Review No. DRP23-001 7, and Variance No. VAR23-0001, an application for the construction of a new two-story residence, and a request to exceed the maximum allowable building and wall height for the property located at 16205 Aurora Crest Drive. The question was called and the motion carried unanimously.
12.J. 1991 Lighting Assessment District No. 01-91 (Foxley Drive) Preliminary Budget and Engineer’s Report
Recommendation: Approve the Engineer’s Report for Fiscal Year 2024-25, on Street Lighting Assessment District No. 01-91; and adopt Resolution No. 2024-27 declaring the district’s intention to levy and collect Fiscal Year 2024-2025 Foxley Drive, Street Lighting Assessment and setting a time and place for public hearing for June 11, 2024.
City Manager Saeki answered questions regarding the background of the street lighting assessment and additional lighting districts.
MOTION
Mayor Pro Tem Warner moved and Council Member Pacheco seconded a motion to approve the Engineer’s Report for Fiscal Year 2024-25, on Street Lighting Assessment District No. 01-91; and adopt Resolution No. 2024-27 declaring the district’s intention to levy and collect Fiscal Year 2024-2025 Foxley Drive, Street Lighting Assessment and setting a time and place for public hearing for June 11, 2024. The question was called and the motion carried unanimously.
12.K. Road Maintenance and Rehabilitation Program (RMRA or SB-i) Fiscal Year 2024-25 Funding Resolution
Recommendation: Adopt Resolution No. 2024-28, approving the Painter Avenue and Vicinity Paving project in Fiscal Year 2024-25 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.
Director Cason answered questions regarding the kind of asphalt that will be used; a timeline for completion; noticing to residents; additional improvements in the project area; pavement treatments; federal reimbursements; and sidewalks in the surrounding residential areas.
MOTION
Mayor Pro Tern Warner moved and Council Member Dutra seconded a motion to adopt Resolution No. 2024-28, approving the Painter Avenue and Vicinity Paving project in Fiscal Year 2024-25 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017. The question was called and the motion carried unanimously.
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13. PUBLIC HEARINGS
13.A. Military Equipment Use Policy — Second Reading of Ordinance No. 3154
Recommendation: Conduct second reading and adopt Ordinance No. 3154, adopting a policy governing the use of military equipment and rescinding Ordinance No. 3141.
City Clerk Garcia presented the report.
Mayor Vinatieri opened the public hearing.
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.
There were no public comments.
Mayor Vinatieri closed the public hearing.
MOTION
Council Member Pacheco moved and Council Member Dutra seconded a motion to adopt Ordinance No. 3154, adopting a policy governing the use of military equipment and rescinding Ordinance No. 3141. The question was called and the motion carried unanimously.
RECESS
Mayor Vinatieri called a recess. The City Council went in to Closed Session. The regular meeting reconvened with all members present.
14. STAFF REPORTS
14.A. Solid Waste Franchise Agreement Proposer Package
Recommendation: Approve the Solid Waste Franchise Agreement Proposer Package and direct staff to forward to Athens Services and Republic Services.
Director Cason presented the report. City Manager Saeki, Director Cason, and Laith Ezzet, from HF&H answered regarding alley clean-ups; abandoned shopping carts; porter services; process for implementing unanticipated regulatory legislation; the due date for proposer packages; trash containers’ uniformity; bus shelter clean-up; the incorporation of the Whittier 365 mobile app; and a veteran preference in hiring.
The City Council deliberated.
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MOTION
Council Member Pacheco moved and Council Member Martinez seconded a motion to approve the Solid Waste Franchise Agreement Proposer Package and to direct staff to forward to Athens Services and Republic Services. The question was called and the motion carried unanimously.
14.B. Council Ad Hoc and Outside Agency Appointments
Recommendation: Review and make changes to appointments on outside agencies and Council Ad Hoc Committees as needed.
City Clerk Garcia presented the report.
Outside AQency Ar~ointments
The City Council deliberated on outside agency appointments.
CONSENSUS
By consensus, the City Council approved the existing outside agency appointments as follows:
ORGANIZATION REPRESENTATIVE
California Contract Cities Association Delegate: Octavio Martinez Alternate: Mary Ann Pacheco
City Selection Committee Delegate: Joe Vinatieri
Alternate: Mayor designates
Clean Power Alliance Delegate: Mary Ann Pacheco
(CPA) Alternate: Octavio Martinez
Alternate: Leon Vasquez
Gateway Cities Council of Governments Delegate: Fernando Dutra (COG) Alternate: Cathy Warner
Greater L.A. County Vector Control District Delegate: Mary Ann Pacheco Alternate: Octavio Martinez
Hillside Open Space Education Coalition Delegate: Mary Ann Pacheco Alternate: Octavio Martinez
Independent Cities Association Delegate: Cathy Warner
Alternate: Octavio Martinez
L.A. County Division of the League of California Cities Delegate: Joe Vinatieri Alternate: Fernando Dutra
L.A. County Sanitation District Nos. 2, 15, and 18 Delegate: Joe Vinatieri Alternate: Cathy Warner
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Puente Hills Habitat Preservation Authority Delegate: Mary Ann Pacheco (PHHPA) Alternate: Octavio Martinez
Alternate: Staff
Southeast Area Social Services Funding Authority Delegate: Joe Vinatieri (SASSFA) Alternate: Cathy Warner
Southeast Water Coalition Delegate: Octavio Martinez
(SEWC) Alternate: Cathy Warner
Southern California Association of Governments Delegate: Cathy Warner (SCAG) Alternate: Fernando Dutra
SR91/l-605 Corridor Cities Committee: Delegate: Fernando Dutra Alternate: Mary Ann Pacheco
Whittier/Puente Hills Conservation Authority Delegate: Mary Ann Pacheco Alternate: Octavio Martinez
Wildlife Corridor Conservation Authority Delegate: Mary Ann Pacheco (WCCA) Alternate: Octavio Martinez
Ad Hoc Committees
CONSENSUS
By consensus, the City Council sunsetted the Social Servies Funding, Solid Waste and Recycling Franchise Agreement Negotiations, and the Uptown Streetscape Beautification Ad Hoc Committees.
CONSENSUS
By consensus, the following appointments to the City Council Ad Hoc Committees were approved:
AD HOC COMMITTEE MEMBERS ANTICIPATED EXPIRATION
City of Whittier and Whittier Vinatieri April 2025
College Town & Gown Warner
City Branding Dutra April 2025
Martinez
Fire Station 17 Warner April 2025
Pacheco
State Legislation Vinatieri April 2025
Martinez
Whittwood Ad Hoc Dutra April 2025
Committee Warner
Parnell Park Renovation Vinatieri April 2025
Ad Hoc Committee Warner
Gold Line Light Rail Martinez April 2025
Ad Hoc Committee Pacheco
Policing Contract Review Vinatieri April 2025
Ad Hoc Committee Dutra
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14.C. Urgency Ordinance Temporarily Prohibiting Approvals Authorized by Urgency Ordinance No. 3132 to Thereby Temporarily Prevent Approval of Certain SB 9 Housing Projects and Subdivisions
Recommendation: Adopt Urgency Ordinance No. 3155 establishing a temporary moratorium on Urgency Ordinance No. 3132, to thereby temporarily prevent approval of certain SB 9 housing projects and subdivisions, and find that such action is categorically exempt pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines.
City Attorney Collins presented the report. City Manager Saeki and City Attorney Collins answered questions regarding current applications awaiting approval; the reason for the moratorium; future changes in housing legislation; the actions of other cities that are part of the lawsuit; the life span of the moratorium; the final judgment; the appeal process; and affordable housing provisions in SB 9 and future legislation.
The City Council deliberated.
MOTION
Mayor Pro Tern Warner moved and Council Member Martinez seconded a motion to adopt Urgency Ordinance No. 3155 establishing a temporary moratorium on Urgency Ordinance No. 3132, to thereby temporarily prevent approval of certain SB 9 housing projects and subdivisions, and find that such action is categorically exempt pursuant to Section 15061 (b)(3) of the California Environmental Quality Act Guidelines. The question was called and the motion carried unanimously.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Martinez indicated he attended a convention and the City’s Memorial Day celebration event.
Council Member Dutra indicated that on Thursday, May 23, 204, the Metro Board approved the Environmental Impact Report (EIR) for the east side Goldline; discussed Selma Minerd’s lOOt” Birthday celebration event; thanked City Staff for the Memorial Day celebration event; and thanked City Manager Saeki for being on Dancing with the Whittier Stars.
Council Member Pacheco indicated she attended the Wednesday night Mariachi event in Uptown Whittier, the Engage East Whittier event, the Hispanic Outreach Taskforce (HOT) Scholarship reception, the Dancing with the Whittier Stars event, and the Memorial Day celebration event. She also thanked City Manager Saeki for taking her on a tour of the Greenway Trail.
Mayor Pro Tern Warner discussed the Engage East Whittier event, the Dancing with the Whittier Stars event, and the Memorial Day celebration event.
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CONSENSUS
By consensus, the City Council directed Staff to reschedule the Special City Council Meeting regarding the Greenleaf Promenade to June 18, 2024, in light of the additional questions raised by the public during public comments.
Mayor Vinatieri discussed the Hispanic Outreach Taskforce (HOT) Scholarship reception, the Dancing with the Whittier Stars event, Selma Minerd’s lOO~~ Birthday celebration event, the International Council of Shopping Centers (ICSC) convention, and the Memorial Day celebration event.
16. ADJOURNMENT - In Memory of David Lara
Mayor Vinatieri read a biography of David Lara and discussed his ties and contributions to the Whittier Community.
The City Council shared personal anecdotes and expressed their condolences.
Mayor Vinatieri adjourned the meeting at 9:48 p.m.