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Agenda

Whittier City Council
August 13, 2024

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Agenda
Meeting
August 13, 2024
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Whittier City Council
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7
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Text extracted from the city's file for reading and search. Open the original on online.cityofwhittier.org. That file is the official record.

City Council Meeting Agenda Announcement
In-Person Public Comment is now Available
Speakers must limit their comments to three minutes. Please note, by order of the presiding officer, public comments minutes may be reduced if at their discretion a surplus of public speakers is present at the meeting.

View live open session meeting:
 On Cable, Channel 3
 Online: www.cityofwhittier.org/Streaming
 In person at City Hall, City Council Chamber
 Zoom (Details below)
Public Comment options:
 Email: [email protected]
 In-person for Closed and Open Session in the City Hall Council Chamber  Zoom (Details below)

PLEASE ENSURE YOUR ZOOM SOFTWARE IS UPDATED TO PROVIDE LIVE COMMENTS Live Public Comment for CLOSED SESSION: Login or call at 6:00 p.m. and raise your hand.  Smart Phone App or Computer: https://us02web.zoom.us/j/98640033144 o Use ‘Raise Hand’ feature.
 Phone Call-in: (669) 900-9128 Meeting ID: 986 4003 3144 o Press *9 to ‘Raise Hand’ and then *6 to unmute yourself when prompted.

Live Public Comment for OPEN SESSION: Login or call at 6:30 p.m. and raise your hand.  Smart Phone App or Computer: https://us02web.zoom.us/j/95676597390 o Use ‘Raise Hand’ feature.
 Phone Call-in: (669) 900-9128 Meeting ID: 956 7659 7390 o Press *9 to ‘Raise Hand’ and then *6 to unmute yourself when prompted.

Email: Please submit public comments at least one hour before the date of the meeting to ensure City Council members receive and have time to review them.

Americans with Disabilities Act
Disability-related services are available to enable persons with a disability to participate in this meeting, consistent with the Federal Americans with Disabilities Act of 1990. Spanish interpreters are also available.

For information or to request services, please contact the City Clerk at least 24 hours in advance of the meeting at (562) 567-9850.

View recent public comments: https://www.CityOfWhittier.org/PublicComments Whittier City Council/Redevelopment Successor Agency/Utility Authority August 13, 2024
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AGENDA

WHITTIER CITY COUNCIL

WHITTIER REDEVELOPMENT SUCCESSOR AGENCY

WHITTIER UTILITY AUTHORITY

REGULAR JOINT MEETING
COUNCIL CHAMBERS, 13230 PENN STREET
AUGUST 13, 2024, 6:00 PM

1. CALL TO ORDER - CLOSED SESSION

2. PUBLIC COMMENT ON CLOSED SESSION
The public is invited to comment on any closed session item listed below.

3. CLOSED SESSION

3.A. Approval of Minutes - Closed Session
Approve the July 9, 2024 Closed Session Minutes.

3.B. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: APN 8140-025-005, 12102 Hadley St
City Negotiator: Brian Saeki
Property Negotiator: JLC Transportation Inc.

Under Negotiation: Price and Terms

4. CALL TO ORDER - REGULAR SESSION

5. ROLL CALL
Joseph A. Vinatieri, Mayor
Cathy Warner, Mayor Pro Tem
Octavio Martinez, Council Member
Fernando Dutra, Council Member
Mary Ann Pacheco, Council Member

6. PLEDGE OF ALLEGIANCE

7. CLOSED SESSION REPORT

8. PRESENTATIONS

9. APPROVAL OF AGENDA
This is the time for the City Council/Boards of Directors to reorder the agenda, or delete items, or make changes to the Agenda.

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10. PUBLIC COMMENTS
The public is invited to address City Council Members and Directors regarding any item of business listed on this agenda only.

Pursuant to State law, City Council Members and Directors cannot take action or express a consensus of approval or disapproval on any communications which do not appear on the printed agenda. City Council has adopted rules of decorum, which we encourage everyone to follow. It should be noted that City Council does not control the content of speech at public comment; however, members of the audience are welcome to exit the Chamber at any time.

Detailed instructions on how to provide public comments are provided on the Agenda Announcement Page.

11. CITY MANAGER REPORT

12. JOINT CONSENT CALENDAR
All items on the Consent Calendar may be approved by a single motion. If a Council Member or Director wishes to discuss a Consent Calendar item, the item may be removed from the calendar for individual consideration.

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 July 9, 2024 Regular Meeting Minutes.

12.C. Claims against the City
Recommendation: Deny claims filed by Edwin R. Cabrera, Caryle Fox, Carlos A. Getino, Joel Lara, Cynthia Mercado, Jonathan Perez, Berch Papikyan, Luz M. Pena, Marco Rodriguez, Ivan Rodriguez, Andrew Rosales, Jessica Marie Vazques, Emil E. Wolfe, Farmers Insurance Exchange ASO E. Salas, Brian Bise, Maria Rodriguez, and Jason A.

Quezada.

12.D. Dave’s Hot Chicken
Development Review No. DRP23-0016
Conditional Use Permit No. CUP23-0001
11891 Whittier Boulevard (A.I.N. 8140-007-059)
Recommendation: Receive and file the Planning Commission action approving Resolution No. P.C. 2024-05, approving Development Review No. DRP23-0016 and Conditional Use Permit No. CUP23-0001, an application for a new restaurant building with a drive-thru service window, allowing Type 41 alcohol license, expanded hours of operation, and modifications to development standards located at 11891 Whittier Boulevard.

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12.E. Replacement of SWAT Team Rifles
Recommendation: Approve the purchase of 25 Land Warfare Resources Corporation (LWRC) Individual Carbine- Personal Security Detail rifles to replace the current Colt M4 carbine SWAT rifles.

12.F. 23-012 Community Center Roof Replacement Project – Notice Inviting Bids
Recommendation:
1) Find the Project is Categorically Exempt pursuant to Section 15301 (Existing Facilities) of California Environmental Quality Act guidelines; 2) Approve the Specifications for 23-012 Community Center Roof Replacement Project; and
3) Authorize the City Clerk to advertise for construction bids.

12.G. 23-022 Kennedy & Guirado Park Improvements Project – Award of Contract
Recommendation:
1) Adopt Resolution No. 2024-48 amending the Fiscal Year 2024-25 Budget with an appropriation for 23-022 Kennedy Park & Guirado Park Improvements Project;
2) Award the Construction Contract to Caliba, Inc., Stanton, California, in the amount of $1,463,839 for the construction of the Project; 3) Reject all other bids;
4) Authorize the City Manager to sign the contract on behalf of the City; and 5) Approve $146,384 in contingency for the Project subject to the approval of the City Manager.

12.H. Accept Public Sidewalk Easement at 7058 Whittier Avenue Recommendation: Accept Public Sidewalk Easement for 7058 Whittier Avenue.

12.I. Amendment No. 1 to Agreement No. A23-019 with Farallon Consulting LLC - Pilot Test Work Plan & Engineering Design Services Re:

Remediation Project at 12353-12363 Whittier Boulevard
Recommendation:
1) Accept Round 2 Equitable Community Revitalization Grant Funds from the Department of Toxic Substance Control in the amount of $5,529,825; 2) Approve and authorize the City Manager to execute Amendment No. 1 to Agreement No. A23-019 with Farallon Consulting LLC in the amount not to exceed $5,529,825 and extend the term of the agreement through March 31, 2026, for the Pilot Test Work Plan and Engineering Design Services for the Remediation Project at 12353-12363 Whittier Boulevard; and
3) Adopt Resolution No. 2024-49, amending the Fiscal Year 2024-25 Budget related to supplemental appropriations for the Equitable Communities’ Revitalization Grant for the Soil Contamination Cleanup of the properties 12353-12357 Whittier Boulevard.

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12.J. Encroachment License- Moller Investment Group, Inc.

Recommendation: Approve the Encroachment License Agreement for Moller Investment Group, Inc. for the purpose of installing three monitoring wells in the 13900 block of Danbrook Drive.

12.K. Out-of-State Travel Request - VerkadaOne 2024 Physical Security Conference
Recommendation: Approve out-of-state travel for the Public Works Manager to attend the 2024 VerkadaOne 2024 Physical Security Conference, September 17-19, 2024, in Denver, Colorado.

12.L. Parcel Map No. 77193 - 14803 Carnell Street
Recommendation: Approve Final Parcel Map No. 77193 in substantial compliance and authorize the City Clerk and City Engineer to sign on behalf of the City.

12.M. West-Whittier – Los Nietos Annexation (City of Whittier Annexation No. 2021-09) - Supplemental Resolution Notice
Recommendation: Adopt Resolution No. 2024-50, memorializing the agreed-upon transfer 750 housing units of the County’s Regional Housing Needs Assessment allocation to the City as a part of Annexation No. 2021-

09. 13. PUBLIC HEARINGS
Anyone interested in matters scheduled for public hearing may speak for three minutes at the time of the hearing. If you challenge any part of the proposed action in court, you may be limited to raising only those issues you or someone else raised during the public hearing.

13.A. Proposed Amendments to the Whittier Municipal Code (WMC) and Zoning Map
Recommendation: Conduct a public hearing and introduce the first reading of Ordinance No. 3159, approving Amendments to Title 18 – Zoning and Title 17- Subdivisions (ZCA22-0001) and adopting an Updated Zoning Map (ZCG24-0001).

Environmental Review
The California Environmental Quality Act (CEQA) requires public agencies and local governments to measure the environmental impacts of development projects or other major land use decisions, and to limit or avoid those impacts if possible. The amendments to Title 18 – Zoning and Title 17 – Subdivisions, together with the adoption of an official zoning map are considered a project under CEQA. In accordance with CEQA, a program Environmental Impact Report (EIR) was prepared for the Envision Whittier General Plan that included within its scope, amendments to the Whittier Zoning and Subdivision Regulations, and Zoning Map. The City of Whittier certified Final Environmental Impact Report (FEIR) State Clearinghouse Whittier City Council/Redevelopment Successor Agency/Utility Authority August 13, 2024
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(SCH) No. 2021040762 for the 2021-2040 Envision Whittier General Plan on October 12, 2021. Pursuant to CEQA Guidelines 15168 (c), Use with Later Activities - subsequent activities in the program must be examined in light of the program EIR to determine whether an additional environmental document must be prepared. City Staff finds that pursuant to Section 15162, no new effects could occur and no new mitigation measures would be required; therefore, no new environmental document is required, and the activities proposed to be enacted by Zoning Code Amendment ZCA22-0001 and Zone Change ZCG24-0001 are within the scope of the certified program EIR and said program EIR adequately described the activity for the purposes of CEQA, pursuant to CEQA Guidelines Section 15168 (e). To the limited extent that there may be additional and related changes included herein to the Whittier Municipal Code (WMC) that were not analyzed in the program EIR, City Staff has determined such changes are categorically exempt from CEQA, pursuant to CEQA Guidelines 15061 (c)(3) because it can be seen with certainty that there is no possibility that such changes may have a significant effect on the environment.

14. STAFF REPORTS

15. COUNCIL MEMBER / DIRECTOR COMMENTS AND CONFERENCE REPORTS

16. ADJOURNMENT
Whittier City Council/Redevelopment Successor Agency/Utility Authority August 13, 2024
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Disability-related services are available to enable persons with a disability to participate in this meeting, consistent with the Federal Americans with Disabilities Act of 1990. Spanish interpreters are also available. For information or to request services, please contact the City Clerk at least 24 hours in advance of the meeting at (562) 567-9850.

The agenda packet for regular meetings is available three days before the meeting on http://www.cityofwhittier.org. Materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection; please contact the City Clerk’s Office.

Los servicios relacionados con la discapacidad están disponibles para permitir que las personas con discapacidad participen en esta reunión, de conformidad con la Ley Federal de Estadounidenses con Discapacidades de 1990. También hay intérpretes en español disponibles. Para obtener información o para solicitar servicios, comuníquese con el Secretario Municipal al menos 24 horas antes de la reunión al (562) 567-9850.

El paquete de la agenda para juntas regulares están disponible tres días antes de la reunión en www.cityofwhittier.org. Los materiales distribuidos al Concejo Municipal dentro de las 72 horas de la reunión del Concejo Municipal están disponibles para inspección pública; póngase al contacto con la Oficina de la Secretaria Municipal.

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements.

Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 8th day of August 2024. /s/ Rigoberto Garcia Jr., City Clerk

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