MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBERS, 13230 PENN STREET
AUGUST 13, 2024, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on August 13, 2024. Mayor Pro Tem Warner 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 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
Mayor Vinatieri called the Regular Session to order at 6:38 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor (6:04 p.m.)
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, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia Jr., City Clerk
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
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6. PLEDGE OF ALLEGIANCE
Mayor Pro Tern Warner led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
City Attorney Collins indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
None.
9. APPROVAL OF AGENDA
MOTION
Council Member Dutra moved and Mayor Pro Tern Warner 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; Veronica Munoz; Javier Garcia; Magdalena Barragñon Moe; Helen Rahder; James Becerra; Tom Bihr; Mary Sullens; Johanna; Declined to state; and Tim Nally.
The following individuals provided teleconference public comments:
Conny McCormack; Paul Long; Eva Rodriguez; and Noa Larios.
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
City Staff is in contact with the Union Pacific Railroad (UPR) regarding the overgrown vegetation and shrubbery along the right-of-way on the Greenway Trail as well as the traffic signals on Lambert Road along the Greenway Trail.
City Manager Saeki answered questions regarding correspondence with the UPR.
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12. JOINT CONSENT CALENDAR
Council Member Dutra pulled Item 12.1. for individual consideration.
Mayor Vinatieri pulled Items 12.D. and 12.G. for individual consideration.
Council Pacheco recused herself from Item 12.F. since she lives within a 1000-foot radius.
MOTION
Council Member Dutra moved and Mayor Pro Tem Warner seconded a motion to approve the Consent Calendar with the exception of Items 12.D., 12.G., and 12.1., noting Council Member Pacheco’s recusal on Item 12.F. 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 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.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.
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12.H. Accept Public Sidewalk Easement at 7058 Whittier Avenue Recommendation: Accept Public Sidewalk Easement for 7058 Whittier Avenue.
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. The following items were pulled for individual consideration:
12~D. Dave’s Hot Chicken
Development Review No. DRP23-001 6
Conditional Use Permit No. CUP23-0001
11891 Whittier Boulevard (A.l.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.
City Manager Saeki, City Attorney Collins, and Director Pongetti answered questions regarding the Planning Commission’s vote on the item; whether alcohol can be sold in the drive-thru; Alcoholic Beverage Control regulations regarding restaurants with Type 41 alcohol licenses and drive-thrus; other Dave’s Hot Chicken restaurants with drive-thrus; and modifying the condition pertaining to the on-site sale of alcohol.
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The City Council deliberated.
Jeff Hopkins, from Dave’s Hot chicken, discussed the restaurant’s food and beverage menu.
MOTION
Council Member Martinez moved and Council Member Dutra seconded a motion to receive and file the Planning Commission action approving an amended 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, amending Condition 22 to specify that the sale of alcohol in the drive-thru is prohibited. The question was called and the motion carried unanimously.
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.
City Manager Saeki and Director Cason answered questions regarding the scope of work at Kennedy and Guirado Parks; Americans with Disabilities Act (ADA) requirements at other city parks; and the Parks Master Plan.
The City Council deliberated.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to 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. The question was called and the motion carried unanimously.
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12.1. Amendment No. 1 to Agreement No. A23-019 with Farallon Consulting LLC - Pilot Test Work Plan & Engineering Design Services Re:
Remediation Project at 12353-1 2363 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. A23-01 9 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 12353-1 2363 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.
Director Cason answered questions regarding the scope of the mitigation plan; the activities covered by the grant funding; and an on-site vapor extraction system.
MOTION
Council Member Dutra moved and Council Member Pacheco seconded a motion to 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.
A23-01 9 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 12353-1 2357 Whittier Boulevard. The question was called and the motion carried unanimously.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present.
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13. PUBLIC HEARINGS
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 (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.
City Attorney Collins answered a question regarding laws about the conflict-ofinterest code as it pertains to discussions about city-wide decisions. City Attorney Collins indicated that the City Council does not have a conflict in matters that are of city-wide concern.
Director Pongetti and Jose Rodriguez (from MIG) presented the report. City Manager Saeki, City Attorney Collins, Director Pongetti, and Mr. Rodriguez answered questions regarding public participation at the Planning Commission’s public hearings held on June 3 and 17, 2024; housing developments in Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes August 13, 2024 Page 8 of 9
commercial corridors; the City of Whittier’s Regional Housing Needs Allocation (RHNA) numbers; funding from the state for housing developments; proposed new land-use designations; the community benefits program; flexibility in objective design standards; zones where objective design standards apply; replacement of the Whittier Boulevard Specific Plan; comparison of proposed amendments and the Whittier Boulevard Specific Plan; process for projects using objective design standards; state mandated changes; zoning designations in surrounding entities; innovation zone designation; medical condominiums; zoning for assisting living facilities and residential care facilities; regulations for residential care facilities with 6 or fewer patients; abatement of land uses; state mandates pertaining to parking requirements for mixed-use and residential developments; parking requirements for accessory dwelling units (ADU5); vehicle miles traveled (VMT) studies; and guest parking requirements in multi-family residential areas.
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.
The following individuals provided live public comments:
Jeremiah Guirguis; Rocio; and Rolando Cano.
The following individuals provided teleconference public comments:
Byron de Arakal; Christian lsraelian; and Gabe Katz.
The City Council requested Staff bring back information regarding setback requirements for multi-family housing; the process for existing applications; visitor parking; impacts to historical elements related to zoning; affordable housing; the city branding initiative; the impact of zoning amendments on businesses; parking concerns; green space; and drive thru restaurants in Mixed Use 3 zones.
Mayor Vinatieri closed public comments.
MOTION
Mayor Pro Tem Warner moved and Council Member Dutra seconded a motion to continue the public hearing to August 27, 2024, at 6:00 p.m. or soon thereafter.
The motion carried unanimously.
14. STAFF REPORTS
None.
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15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Martinez thanked residents for attending the summer Concerts in the Park series, thanked City Staff for their hard work coordinating the events, and thanked the Whittier Police Department for keeping the residents safe.
Council Member Dutra indicated he attended the August 8, 2024, Concert in the Park event.
Council Member Pacheco indicated she attended some of the Concerts in the Park events, the culmination event for the Library’s summer reading program, a private fundraiser event at a private home, and the State of the Nation presented by Congresswoman Linda Sanchez; toured the Whittier-Puente Hills Habitat Authority; and requested that representatives from the Whittier-Puente Hills Habitat Authority, Clean Power Alliance, and Greater Los Angeles Vector Control District be invited to City Council meetings.
Mayor Pro Tem Warner indicated she attended an event with Congresswoman Linda Sanchez and a backpack giveaway event at Lee and Erika Owens Park; and discussed her grandchildren going back to school.
Mayor Vinatieri indicated he went to Mammoth last week.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 10:26 p.m.