MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
JULY 23, 2024, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on July 23, 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 June 18, 2024 Special Meeting and the June 25, 2024 Regular Meeting Closed Session Minutes.
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
Cathy Warner, Mayor Pro Tem
Octavio Martinez, Council Member
Fernando Dutra, Council Member (6:04 p.m.)
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
Virginia Santana, Director of Parks, Recreation and Community Services
Ben Pongetti, Director of Community Development
6. PLEDGE OF ALLEGIANCE
City Clerk Garcia led the Pledge of Allegiance.
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7. CLOSED SESSION REPORT
City Attorney Collins indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Whittier Beautification Awards
Director Santana presented on the history of the Whittier Beautification Awards program and announced the winners.
The City Council congratulated the winners and thanked the Staff and committee members involved in running the program.
9. APPROVAL OF AGENDA
City Manager Saeki requested that Item 12.M. be moved from the Consent Calendar to a Staff Report.
MOTION
Mayor Pro Tern Warner moved and Council Member Dutra seconded a motion to approve the amended Agenda, noting that Item 12.M. will be considered as a Staff Report. 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; Veronica Muñoz; Daniel Torres; Monica Sena; William Mata; Quincy Grace; Helen Rahder; Tom Bihr; Gail Cofer; James Becerra; David Dickerson; Mary Sullens; Javier Garcia; Bill Corey; Stephanie Willis; Eva Rodriguez; Noa Larios; Cathy Miyasaki; Marilyn Avila; Leonard Avila; Brianna; Anonymous; Johanna; and Eva Vivas.
The following individuals provided teleconference public comments:
Conny McCormack; Anonymous; and Lisa Peña.
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.
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11. CITY MANAGER REPORT
City Manager Saeki indicated that a Special Study Session on the Greenleaf Promenade has been called for August 20, 2024. At that meeting, the design team, including SWA, West Coast Arborists, and City Staff will explain the Greenleaf Promenade Open Street concept and tree protection zones.
City Attorney Collins advised the City Council to refrain from asking questions that do not pertain to agendized items.
The City power washes the Uptown sidewalks and public areas at least once a week in partnership with the Uptown Whittier Improvement Association.
12. JOINT CONSENT CALENDAR
Council Member Dutra pulled Item 12.H. for individual consideration.
Mayor Vinatieri requested Item 12.B. be bifurcated so that each set of meeting minutes would reflect its own vote.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Consent Calendar with the exception of Item 1 2.H. and bifurcating the vote on Item 12.B:
The question was called and the motion for Item 12.B. June 18, 2024, Special Meeting minutes carried 4-0-1 (Mayor Vinatieri recusing himself); the motion for Item 12.B. June 25, 2024, Regular Meeting minutes carried 4-0-1 (Mayor Pro Tern Warner abstaining); and the motion for the balance of the Consent Calendar except Item 12.H. was called and 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 18, 2024 Special Meeting and June 25, 2024 Regular Meeting Minutes.
12.C. Information Technology Renewals: Firewall Endpoint Protect, Water Department Business Continuity, and Storage Area Network Recommendation: In conformance with Government Code Sections 6254(ab) and 6254.19, approve and authorize the City Manager to execute the following agreements and amendments as appropriate:
1) Three-year agreement for Firewall and Endpoint Protection for the City totaling $673,495.
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2) Three-year Water Department Business Continuity Project totaling $144,612.
3) Five-year agreement for Storage Area Network totaling $629,853; and adopt Resolution No. 2024-43, amending the 2024-25 Budget to appropriate $30,000 towards the Storage Area Network Project. 1 2.D. Second Reading of Ordinance No.3156- Utility Users’ Tax Low Income Exemption Qualification
Recommendation: Conduct the second reading and adopt 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.
12.E. Second Reading of Ordinance No. 3158 - Administrative Citations for Graffiti
Recommendation: Conduct the second reading and adopt 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.
12.F. Addendum to City Attorney Agreement
Recommendation: Approve Addendum No. 14 to the City Attorney Legal Service Agreement with Jones Mayer increasing the hourly rate for fees associated with special projects litigation, appellate litigation, and paralegal services; and adopt Resolution No. 2024-44, amending the Fiscal Year 2024-25 budget to appropriate additional funding for the city attorney legal services agreement.
12.G. 24-012 La Serna Drive North of Whittier Boulevard Rehab Project - Construction Change Order
Recommendation:
1) Adopt Resolution No. 2024-45 adding a supplemental appropriation of $350,276 to the Fiscal Year 2024-25 Budget for Pavement Rehabilitation.
2) Approve and authorize a contract change order with R.J. Noble in an amount not to exceed $350,276 on Villaverde Drive from Youngwood Drive to Mar Vista Street.
12.1. CalRecycle Grant Programs Management - Professional Services Agreement
Recommendation: Approve and authorize the City Manager to execute a professional services agreement with Nicholls Consulting, Inc. (NCI) to manage the California Department of Resources and Recycling (CalRecycle) Grant programs such as the Edible Food Recovery Program, Used Oil Recycling Program, and the Beverage Container Recycling Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes July 23, 2024 Page 5 of 7
Program in an amount not to exceed $82,077 for one year with an option to extend an additional year.
12.J. Los Angeles County Flood Control District Transfer Agreement Recommendation:
1) Approve the Transfer Agreement with Los Angeles County Flood Control District and authorize the City Manager to execute the Transfer Agreement on behalf of the City; and
2) Adopt Resolution No. 2024-46, amending the Fiscal Year 2024-25 Budget to accept special parcel tax funds from the Los Angeles County Flood Control District to fund Safe, Clean Water Program projects and activities.
12.K. Sewer Assessment User Fee - Fiscal Year 2024-2025 Recommendation: Approve the Engineer’s Report of Sewer User Fees for Fiscal Year 2024-2025.
12.L. Request for Proposals for professional legislative advocacy services Recommendation: Authorize the release of a Request for Proposals for professional legislative advocacy services.
The following item was pulled for individual consideration:
12.H. King Taco Restaurant
Development Review No. DRP21 -0097
Conditional Use Permit No. CUP21 -0013
11533 Whittier Boulevard (A.l.N. 81 40-003-004, 005, 006, and 008) Recommendation: Receive and file the Planning Commission action approving Resolution No. P.C. 2024-04, approving Development Review No. DRP21-0097 and Conditional Use Permit No. CUP21-0013, with amended conditions of approval, for the construction of a new restaurant building at 11533 Whittier Boulevard.
Director Pongetti answered questions regarding photometric surveys; noise requirements; hours of operation; conditions regarding the on-site trash pick-up; traffic study requirements for the drive-thru; parking options; enforcement of employee parking; address for off-site parking lot; and location of trash receptacles.
MOTION
Council Member Dutra moved and Mayor Pro Tern Warner seconded a motion to receive and file the Planning Commission action approving Resolution No. P.C. 2024-04, approving Development Review No. DRP21-0097 and Conditional Use Permit No. CUP21-0013, with amended conditions of approval, for the construction of a new restaurant building at 11533 Whittier Boulevard. The question was called and the motion carried unanimously.
13. PUBLIC HEARINGS
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None.
14. STAFF REPORTS
1 2.M. Public Employee Pension Reform Act —180-Day Waiting Period Waiver Request
Recommendation: Adopt Resolution No. 2024-47 to waive the Public Employee Pension Reform Act (PEPRA) 180-day waiting period to hire retired annuitant Michael Montoya for professional plan review and development project review-related duties on a limited basis.
Assistant City Manager DeLong presented the report.
MOTION
Mayor Pro Tem Warner moved and Council Member Dutra seconded a motion to adopt Resolution No. 2024-47 to waive the Public Employee Pension Reform Act (PEPRA) 180-day waiting period to hire retired annuitant Michael Montoya for professional plan review and development project review-related duties on a limited basis. The question was called and the motion carried unanimously.
14.A. Best Practices for City’s Regulation of Short-Term Residential Rentals Recommendation: Receive and file information regarding best practices for short-term rentals, and if appropriate, direct staff to draft a short-term rental ordinance, incorporating the City Council’s directives.
Director Pongetti presented the report. City Manager Saeki, City Attorney Collins, and Director Pongetti answered questions regarding maximum occupancy; parking requirements; daytime population maximums at short-term rentals (STR5); existing concentration of STRs; short-term rental buffers in other cities; grandfathering options; the City’s land use authority and property rights; residency requirements; accessory dwelling units (ADUs) as STRs; STRs on planned unit developments (PUDs); parking requirements; the distinction between major and minor offense penalties; public engagement; penalties in Los Angeles County’s STR ordinance; and appeals process for penalties.
The City Council deliberated on occupancy limits, distance requirements, allowable number of STRs on multi-family properties, parking, and penalties.
CONSENSUS
By consensus, the City Council directed Staff to draft a short-term rental ordinance, incorporating language setting the occupancy limit to 2 guests per bedroom plus 2 people; establishing a 1000-foot radius buffer between STRs but with language about grandfathering existing STRs that met all the requirements; allow one STR per property; establishing that STRs permits can only be issued when owners can demonstrate they meet off-street parking requirements (pursuant to the Whittier Municipal Code) and require that owners show legal parking spaces on the site plan; and define and implement offenses between minor and major violations.
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15. COUNCIL MEMBER! DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Martinez indicated that he attended the Concerts in the Park event on Monday, July 22, 2024.
Council Member Dutra invited residents to attend the Concerts in the Park event at Parnell Park on Thursday, July 25, 2024.
Council Member Pacheco discussed the Concerts in the Park events and the Wednesday Night Market in Uptown Whittier; indicated she attended the Clean Power Alliance meeting, the Greater Los Angeles Vector Control District meeting, and the Puente Hills Habitat Authority meeting; indicated she attended a ladies’ tea hosted by the Bridge of Faith non-profit; thanked City Manager Saeki for his responsiveness; thanked the City Council for supporting the King Taco restaurant project; discussed the Whittier Beautification program; and thanked residents for watching the City Council meeting and for providing public comments.
Mayor Pro Tem Warner indicated she attended the Wake-Up Whittier event; discussed the Concerts in the Park events and the information booth available at Parnell Park for the future renovations; and thanked Director Santana and her staff for working with the Church of Jesus Christ of Latter-Day Saints to provide parking for the Concerts in the Park events at Parnell Park.
Mayor Vinatieri inquired about firework enforcement and citations data and expressed concern over fireworks continuing after the 4th of July; discussed a trip to Tacoma, Washington for the U.S.-China Sister Cities Summit; and requested an agenda item be brought back relative to the Sister City program.
16. ADJOURNMENT - In Memory of David 0. Butler
Mayor Vinatieri read a biography of David 0. Butler 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 9:31 p.m.
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