MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBERS, 13230 PENN STREET
JULY 9, 2024, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on July 9, 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
Adopt the June 11, 2024 Closed Session Minutes.
3.B. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Properties: Former Alpha Beta Site:
8139-005-909- 12813 Bailey Ave
81 39-005-91 0, 12802 Hadley St
8139-005-911, 12813 Bailey Ave
8139-005-912, 6557 Comstock Ave
8139-013-901, Milton Ave
8013-013-900, 6703 Comstock
8139-005-904, Comstock Ave
8139-005-905, Comstock Ave
8139-005-906, Comstock Ave
8139-005-907, Comstock Ave
8139-005-908, Comstock Ave
8139-005-902, Greenleaf Ave
8139-005-903, Greenleaf Ave
8139-004-900, Bright Ave
8139-004-901, Bright Ave
8139-015-900, 6711 Bright Ave 8139-015-902, 6724 Greenleaf Ave 8139-015-901, 6726 Greenleaf Ave
City Negotiator: Brian Saeki, City Manager
Property Negotiator: Brian Saeki, Executive Director
Under Negotiation: Price and Terms
3.C. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Blake Carwile v. City of Whittier, Claim No. 586708
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes July 9, 2024 Page 2 of 10
3.D. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
One Case - (Orange County Catholic Worker, ET AL v. Orange County, ET LA; Case No. 8:18-CV-00155-DOC)
3.E. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: Parcels 8139-023-020, 8139-023-028 (12900 Philadelphia St) City Negotiator: Brian Saeki
Property Negotiator: Pacific Crest Holdings LLC
Under Negotiation: Price and Terms.
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:35 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 Tern
Octavio Martinez, Council Member
Fernando Dutra, Council Member
Mary Ann Pacheco, Council Member
STAFF PRESENT:
Brian Saeki, City Manager
Keith Collins, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia Jr., City Clerk
Paymaneh Maghsoudi, Director of Library Services
Kyle Cason, Director of Public Works
Virginia Santana, Director of Parks, Recreation and Community Services
Ben Pongetti, Director of Community Development
6. PLEDGE OF ALLEGIANCE
Council Mernber Martinez led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Collins indicated there was nothing to report out of Closed Session.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes July 9,2024 Page 3 of 10
8. PRESENTATIONS
8.A. Friends of the Whittier Public Library
Mayor Vinatieri invited Director Maghsoudi to the lectern to introduce Selma Minerd, from the Friends of Whittier Public Library.
Ms. Minerd and volunteers from the Friends of Whittier Public Library presented the City with a donation check for $125,000.
Mayor Vinatieri presented the Friends of Whittier Public Library with a certificate.
Director Maghsoudi answered questions regarding the number of participants in the Summer Reading Program.
9. APPROVAL OF AGENDA
City Manager Saeki requested that Item 14.C. be moved to a future meeting.
MOTION
Mayor Pro Tem Warner moved and Council Member Dutra seconded a motion to approve the amended Agenda, removing Item 14.C. 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; David Dickerson; Conny McCormack; James Becerra; Gail Cofer; Helen Rahder; Miguel Garcia; Austin McCormack; Brian Ahern; Noa Larios; Eva Rodriguez; Veronica Munoz; Javier Garcia; Isaiah Leslie Leon Savage; Dana Hayzen; Jill Frieze-Prado; Magdalena Barragnon Moe; Joanna; and Claire.
The following individuals provided teleconference public comments:
Martha Escutia 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.
Director Cason addressed a letter sent out by Suburban Water System to its customers regarding PFAS levels in water and indicated that the City has not sent out a similar letter.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes July 9, 2024 Page 4 of 10
CONSENSUS
By consensus, the City Council directed Staff to bring a report regarding an update from Suburban Water Systems.
11. CITY MANAGER REPORT
City Manager Saeki provided the following clarifications:
1. The Whittier Uptown Association is its own entity governed by a manager and Board of Directors. They are responsible for the Wednesday Night Market and other events. There is a waiting list of over 500 businesses who want to participate in the Wednesday Night Market.
2. The Mayor is recused from Greenleaf Promenade discussions since he has a conflict of interest.
3. The parking structure on Comstock Avenue is ADA compliant, but the elevator frequently undergoes repairs due to vandalism.
4. Residents who are interested in the Parnell Park Renovation Project can visit Parnell Park during the Concerts at the Park events since Staff is there to answer questions and provide information.
5. A community meeting will be held at the Community Center at Parnell Park in the near future. Once a meeting date is set, residents will be notified via the website and social media.
6. The Central Library is not closing.
12. JOINT CONSENT CALENDAR
Council Member Pacheco pulled Items 12.D. and 12.1. for individual consideration.
Council Member Dutra also pulled Item 12.1. for individual consideration.
Mayor Vinatieri pulled Item 12. H. for individual consideration.
MOTION
Council Member Pacheco moved and Council Member Dutra seconded a motion to approve the Consent Calendar with the exception of Items 12.D., 12.H., and
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 June 11, 2024 Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Audrey Brown, Carmen Hidalgo, Sammy R. Leal, Joshua Melendez, Luigi Pergola, and Sergio Ramos, Jr.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes July 9,2024 Page 5 of 10
12.E. California State Library Grant
Recommendation: Adopt Resolution No. 2024-39, amending the Fiscal Year 2024-25 Budget to accept a grant from the California State Library for First Partner’s Book to Action Grant and appropriate $5,000 for this grant for Library Services and program.
12.F. Friends of the Whittier Public Library Donation
Recommendation: Adopt Resolution No. 2024-40, amending the Fiscal Year 2024-25 Budget to accept a $25,000 grant from the Friends of the Whittier Public Library and appropriate $125,000 for Library services and programs.
12.G. SKILLS Organization — Orchard Dale and Scott Avenue Elementary After-School Programs
Recommendation:
1) Approve and authorize the City Manager to execute an agreement with the SKILLS Organization for the City’s operation of Scott Avenue Elementary and Orchard Dale After School Programming.
2) Adopt Resolution No. 2024-41, amending the Fiscal Year 2024-25 budget to include $64,839 for the Orchard Dale Elementary After School Program and $84,029 for the Scott Avenue School Program.
12.J. 23-020 Calmada Avenue and Mills Avenue Rehabilitation Project - Award of Contract
Recommendation:
1) Award the construction contract to Onyx Paving Company, Inc. in the amount of $1,991,000 for the construction of 23-020 Calmada Avenue and Mills Avenue Rehabilitation Project;
2) Reject all other bids;
3) Authorize the City Manager to execute the contract on behalf of the City; and
4) Approve $199,100 in contingencies for the 23-020 Calmada Avenue and Mills Avenue Rehabilitation Project, subject to the approval of the City Manager.
12.K. Utility Users’ Tax Low Income Exemption Qualification - Ordinance No. 3156
Recommendation: Introduce and conduct the first reading of Ordinance No. 3156, finding that the code amendment is exempt from review under the California Environmental Quality Act and amend Chapter 3.24 (Utilities Tax) to increase the income level to qualify for utility users’ tax (UUT) exemptions for residential service users to $62,400.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes July 9,2024 Page 6 of 10
The following items were pulled for individual consideration:
12.D. Request For Proposals — HUD Grant Management
Recommendation: Authorize the release of a Request for Proposals (REP) for qualified firms to provide Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) related services.
City Manager Saeki and Director Pongetti answered questions regarding the role and purpose of the consultant; the scope of services; and the timeline of the project.
MOTION
Council Member Pacheco moved and Mayor Pro Tern Warner seconded a motion to authorize the release of a Request for Proposals (REP) for qualified firms to provide Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) related services.
The motion carried unanimously.
12.H. Whittier City School District — Expanded Learning Opportunities Program
Recommendation: Approve and authorize the City Manager to execute the agreement with the Whittier City School District (WCSD) for the City’s operation of the Expanded Learning Opportunities Program through Summer 2025.
Director Santana answered questions regarding the scope of the program; and existing programs offered in partnership with the East Whittier City School District.
MOTION
Mayor Vinatieri moved and Council Member Dutra seconded a motion to Approve and authorize the City Manager to execute the agreement with the Whittier City School District (WCSD) for the City’s operation of the Expanded Learning Opportunities Program through Summer 2025. The motion carried unanimously.
12.1. 24-023 Metro Hot Spot Intersections: Whittier Blvd at Santa Fe Springs Rd and Whittier Blvd at Painter Ave Improvement Project - Notice Inviting Bids
Recommendation: Approve combined project plans and specifications for 24-023 Metro Hot Spot Intersections: Whittier Blvd at Santa Ee Springs Rd and Whittier Blvd at Painter Ave Improvement Project (the Project) and authorize the City Clerk to advertise the Project for construction bids.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes July 9,2024 Page 7 of 10
City Manager Saeki and Director Cason answered questions regarding the reason for combining the two projects into one bid; the timeline for construction work; traffic impacts; outreach efforts to inform residents of construction; the total cost of the project; and construction management costs.
MOTION
Council Member Dutra moved and Mayor Pro Tem Warner seconded a motion to approve combined project plans and specifications for 24-023 Metro Hot Spot Intersections: Whittier Blvd at Santa Fe Springs Rd and Whittier Blvd at Painter Ave Improvement Project (the Project) and authorize the City Clerk to advertise the Project for construction bids. The motion carried unanimously.
13. PUBLIC HEARINGS
13.A. Extension of 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. 3157, extending the term of a temporary moratorium on Urgency Ordinance No. 3132 by 10 months and 15 days, 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.
Environmental Review
Staff has determined that the proposed moratorium ordinance is exempt under CEQA Guidelines section 15061(b)(3) (the “common sense exemption”) as “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This ordinance does not have the potential to cause significant effects on the environment because: (1) it reduces the amount of construction that might otherwise occur; (2) this ordinance is temporary in duration and therefore will not have a significant effect on the environment; (3) this ordinance will affect a limited number of housing units in single family zones and the construction of a limited number of single family homes is exempt from CEQA; (4) any effect on the environment as a result of this ordinance would be speculative at best and cannot currently be analyzed; (5) there is no evidence that this ordinance involves any unusual circumstances that might cause a significant effect on the environment; and (6) there is no evidence that the ordinance would cause changes in the environment which would result in cumulative impacts.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes July 9,2024 Page 8 of 10
Director Pongetti presented the report and answered questions regarding existing Senate Bill 9 applications; the total amount of units approved through those applications; the option for additional extensions to the moratorium; and resident concerns regarding units built under Senate Bill 9.
Mayor Vinatieri opened the public hearing at 8:22 p.m.
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.
There were no public comments.
Mayor Vinatieri closed the public hearing at 8:23 p.m.
MOTION
Mayor Pro Tem Warner moved and Council Member Martinez seconded a motion to adopt Urgency Ordinance No. 3157, extending the term of a temporary moratorium on Urgency Ordinance No. 3132 by 10 months and 15 days, 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.
14. STAFF REPORTS
14.A. Administrative Citations for Graffiti
Recommendation: Introduce and conduct the first reading of Ordinance No. 3158, adding Whittier Municipal Code Chapter 9.34 to prohibit the inscription of graffiti within the City and authorize the issuance of administrative citations to the parents and legal guardians of minor children who violate this prohibition.
Assistant City Manager DeLong presented the report. City Attorney Collins and Assistant City Manager DeLong answered questions regarding difference between the proposed ordinance and state laws on graffiti and the graffiti reward program.
MOTION
Mayor Pro Tern Warner moved and Council Member Dutra seconded a motion to introduce and conduct the first reading of Ordinance No. 3158, adding Whittier Municipal Code Chapter 9.34 to prohibit the inscription of graffiti within the City and authorize the issuance of administrative citations to the parents and legal guardians of minor children who violate this prohibition. The question was called and the motion carried unanimously.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes July 9,2024 Page 9 of 10
14.B. Public Comment Policy Update
Recommendation: Review current public comment policy and adopt Resolution No. 2024-42, establishing public comment time limits for public hearings and oral communications, and rescinding Resolution No. 8379.
City Clerk Garcia presented the report. City Attorney Collins answered questions regarding differences between the proposed resolution and the Brown Act provisions; the role of the chair in setting time limits; neighboring cities’ public comment time limit policies; instances when an individual is speaking on a matter outside the legislative body’s subject matter jurisdiction; case law about total time allotted to public comments; the City Council’s ability to make recommendations on matters outside the local jurisdiction; and previous public comment practices.
The City Council deliberated.
MOTION
Council Member Dutra moved and Council Member Pacheco seconded a motion to adopt Resolution No. 2024-42, establishing public comment time limits for public hearings and oral communications, and rescinding Resolution No. 8379.
The question was called and the motion carried unanimously.
14.C. City Streetlights
Recommendation: Receive and file the report and provide direction as necessary.
This item was moved to a future meeting.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Martinez discussed attending various 4t~~ of July events throughout the City and testifying in favor of Senate Bill (SB) 1262 in the legislature.
Council Member Dutra thanked Mayor Vinatieri and Council Member Martinez for their hard work advocating for SB 1262; thanked City Staff for their hard work putting on the ~ of July events; and discussed attending a 4th of July event on Walnut Street.
Council Member Pacheco discussed a trip to Pennsylvania with her sister after the unexpected death of her brother-in-law; the quality of the library services; a potential future discussion regarding the Greenleaf Promenade Project; and a discussion of cooling centers south of Whittier Boulevard.
Mayor Pro Tem Warner discussed attending the City’s 4th of July events and thanked City Staff for their hard work putting them on.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes JuIy9,2024 PagelOoflO
Mayor Vinatieri discussed lobbying for Senate Bill 1262; and thanked City Staff for their hard work putting on the 4~ of July events and thanked the residents for attending.
16. ADJOURNMENT - In Memory of Susan “Sue” Settlage
Mayor Vinatieri read a biography of Susan “Sue” Settlage and discussed her ties and contributions to the Whittier Community.
The City Council shared personal anecdotes and expressed their condolences.
Mayor Vinatieri adjourned the meeting at 9:20 p.m.
El