MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBERS, 13230 PENN STREET
SEPTEMBER 10, 2024, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on September 10, 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 July23 and August 13, 2024 Closed Session Minutes
3.B. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Brent Anderson v. City of Whittier, Claim No. 583868
3.C. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(e)(1):
One Case
3.D. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
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
81 39-01 3-901, 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
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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 Green leaf Ave
City Negotiator: Brian Saeki, City Manager
Property Negotiator: City Ventures Homebuilding, LLC; and Jamboree Housing Corporation
Under Negotiation: Price and Terms.
3.E. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Properties: 8142-003-901 and 8142-003-900,
7362 Painter Ave
City Negotiator: Brian Saeki, City Manager
Property Negotiator: John Reekstin, The Olson Company
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 Tem
Octavio Martinez, Council Member
Mary Ann Pacheco, Council Member
ABSENT:
Fernando Dutra, 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
Virginia Santana, Director of Parks, Recreation and Community Services
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
6. PLEDGE OF ALLEGIANCE
Council Member Pacheco led the Pledge of Allegiance.
CLOSED SESSION REPORT
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes September 10, 2024 Page 3 of 11
City Attorney Collins indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Summer Reading Program
Director Maghsoudi discussed the number of Summer Reading Club’s participants, the number of books read, and the volunteers; discussed the library’s lunch program; and thanked the sponsors and volunteers of the Whittier Public Library.
Mayor Vinatieri presented the sponsors and volunteers with a certificate.
The City Council thanked the staff, sponsors, and volunteers for their assistance with the Summer Reading program; and congratulated the program participants.
8.B. Summer VolunTeens
Director Santana discussed the contributions of the Summer Volunteens and introduced the staff involved with the program.
The City Council thanked the staff and volunteens for their hard work.
9. APPROVAL OF AGENDA
City Manager Saeki requested that Item 12.G. be moved to a future meeting.
MOTION
Mayor Pro Tem Warner moved and Council Member Martinez seconded a motion to approve the amended Agenda, noting the removal of Item 12.G. The motion carried 4-0.
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 Garcia; Javier Garcia; Susan Mendoza; Andrew Moraga; Debby Britton; David Nelson; Magdalena Barragnon Moe; Tom Bihr; Conny McCormack; Austin McCormack; Anonymous; Isaiah Leslie Leon Savage; Jenny Martin; and Tim Nally.
There were no teleconference public comments.
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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 Manager Saeki thanked Directors Maghsoudi and Santana for their two programs that were honored tonight; congratulated the Chamber of Commerce for hosting the Hathaway Golf Tournament; indicated that the Big Lots and Burlington stores in Whittier will be closing; invited residents to visit the emergency management and disaster preparedness section of the City website; and invited residents to visit the City website for financial reports/audits.
City Manager Saeki answered questions regarding forensic audits, emergency plans, and notifications to proper authorities.
12. JOINT CONSENT CALENDAR
Mayor Pro Tem Warner pulled Items 12.J. and N. for individual consideration.
Council Member Pacheco pulled Item 12.H. for individual consideration.
Mayor Vinatieri recused himself from 1 2.J. due to a conflict of interest since he owns a business within the 1000-foot radius.
MOTION
Council Member Pacheco moved and Council Member Martinez seconded a motion to approve the Consent Calendar with the exception of Items 1 2.G. (which was moved to a future meeting), H., J., and N., noting Mayor Vinatieri’s recusal on 12.J. The question was called and the motion carried 4-0, Council Member Dutra absent.
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 23 and August 13, 2024 Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Cynthia Gutierrez, Christian Meister, Jack R. Quintas, Magdalena Moe, Natalie Serrato and successor interest Aubree Heredia.
12.D. League of Women Voters Candidate Forum
Recommendation: Approve the League of Women Voters’ request for a fee waiver to broadcast a Candidate Forum for the Whittier City School District Trustees Areas 1 and 2 and Whittier Union High School District Trustees Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes September 10, 2024 Page 5 of 11
Areas 2 and 3 candidates in the Council Chambers on September 30, 2024, from 6:30 p.m. to 10:00 p.m.
12.E. RSM Design — Branding Implementation and Signage
Recommendation: Authorize the City Manager to execute a Professional Services Agreement with RSM Design, not to exceed $161,700, to provide professional brand implementation guidance and signage design for the City, Uptown Whittier, and Whittier parks including Parnell; and adopt Resolution No. 2024-51, amending the Fiscal Year 2024-25 Budget with a supplemental appropriation for the Professional Brand Implementation Guidance and Signage Design for the City, Uptown Whittier, and Whittier Parks including Parnell Park.
12.F. Special Event Permit - LGBTQ Center Opening
Recommendation: Approve a special event permit, including a partial street closure, and waive City fees in the amount of $2,760 for the grand opening of the County of Los Angeles Greater Whittier LGBTQ Center on Saturday, September 21, 2024, from 9:00 a.m. to 1:00 p.m.
12.1. CaIPERS Contract Amendment - Ordinance
Recommendation: Introduce and conduct first reading of Ordinance No. 3160, amending the Employee Additional Cost Share agreement with California Public Employee’s Retirement System (CaIPERS).
12.K. Professional Services Agreement with Traw & Associates Consulting for Plan Review Services
Recommendation: Approve and authorize the City Manager to execute an agreement with Traw & Associates, Inc. for plan review services.
12.L. 22-028 Savage Canyon Landfill Side Slope Repair - Notice of Completion
Recommendation: Accept the work performed by Aguilar and Calderon, Inc. and authorize the Secretary to file the Notice of Completion on behalf of the Whittier Utility Authority (WUA).
12.M. All-way Stop Control at the Intersection of Beverly Drive and Palm Avenue - Resolution
Recommendation: Ratify City Council’s prior action by adopting Resolution No. 2024-52, establishing an all-way stop at the eastern intersection of Beverly Drive and Palm Avenue.
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12.0. Engineering Evaluation of Wardman Street at Pierce Avenue and Wardman Street at Union Avenue Intersections
Recommendation: Adopt Resolution No. 2024-54 establishing stop signs for southbound Pierce Avenue terminating at Wardman Street and northbound Union Avenue terminating at Wardman Street to clarify assignment of rightof-way.
12.P. Fiscal Year 2024-25 Sewer Main Spot Repair Program - Notice Inviting Bids
Recommendation:
1) Find the project is categorically exempt from CEQA pursuant to Section 15301, Class 1 and Class 2 (Existing Facilities) of the California Environmental Quality Act Guidelines;
2) Approve the Specifications for the Fiscal Year 2024-25 Sewer Main Spot Repair Program; and
3) Authorize the Secretary to advertise the project for construction bids.
12.Q. Savage Canyon Landfill Slope Hydroseeding - Award of Contract Recommendation:
1) Adopt Resolution No. WUA-2024-06, amending the Fiscal Year 2024-25 budget in the amount of $61,222 in supplemental funds to be allocated for the Savage Canyon Landfill Slope Hydroseeding;
2) Authorize the Executive Director to sign the contract with Erosion Control Experts in the amount of $61,222 for the Savage Canyon Landfill Slope Hydroseeding; and
3) Approve $6,122 in contingency for the Savage Canyon Landfill Slope Hydroseeding subject to the approval of the Executive Director.
The following items were pulled for individual consideration:
12.H. Tentative Parcel Map No. TPM23-0006 (TPM No. 84155) 12549 Washington Boulevard and 12540 Whittier Boulevard Lot Merger and Airspace Subdivision
Recommendation: Receive and file the Planning Commission’s approval of Tentative Parcel Map No. TPM23-0006 (TPM 84155) to combine underlying lots together as one and to allow for the commercial subdivision of airspace for seven new commercial condominiums, for the properties located at 12549 Washington Boulevard and 12540 Whittier Boulevard and more particularly described in the maps of the Los Angeles County Recorder as a portion of lots 1, 2, and 17 of Tract No. 13486 as per map recorded in Book 312, pages 16 through 18, in the City of Whittier subject to the attached conditions of approval.
Environmental Review
The project is deemed categorically exempt from the environmental review process pursuant to Section 15315, Class 15 (Minor Land Division) and Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes September 10, 2024 Page 7 of 11
Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act.
Director Pongetti answered questions regarding the previous business located at the site; the definition of commercial condominiums; traffic concerns with drive throughs; parking requirements; and green building code requirements.
MOTION
Mayor Pro Tern Warner moved and Council Member Martinez seconded a motion to Receive and file the Planning Commission’s approval of Tentative Parcel Map No. TPM23-0006 (TPM 84155) to combine underlying lots together as one and to allow for the commercial subdivision of airspace for seven new commercial condominiums, for the properties located at 12549 Washington Boulevard and 12540 Whittier Boulevard and more particularly described in the maps of the Los Angeles County Recorder as a portion of lots 1, 2, and 17 of Tract No. 13486 as per map recorded in Book 312, pages 16 through 18, in the City of Whittier subject to the attached conditions of approval. The question was called and the motion carried 4-0.
Mayor Vinatieri exited the Council Chamber since he recused himself from the next item.
Mayor Pro Tern Warner presided over the meeting.
1 2.J. Alpha Beta and Uptown North Sites — ENA Reassignment and Renewal Recommendation: Authorize the City Manager/Executive Director to make any necessary revisions and execute amendments and assignment and assumption agreements to the Exclusive Negotiation Agreement (ENA) between the City and City Ventures Homebuilding, LLC, reassigning responsibilities of Thomas Safran and Associates and Gentefy, to Jamboree Housing Corporation and City Ventures, respectively.
City Manager Saeki answered a question regarding the reason for the change in developers.
MOTION
Council Member Pacheco moved and Council Member Martinez seconded a motion to authorize the City Manager/Executive Director to make any necessary revisions and execute amendments and assignment and assumption agreements to the Exclusive Negotiation Agreement (ENA) between the City and City Ventures Homebuilding, LLC, reassigning responsibilities of Thomas Safran and Associates and Gentefy, to Jamboree Housing Corporation and City Ventures, respectively. The motion carried 3-0-2, Mayor Vinatieri and Council Member Dutra absent.
Mayor Vinatieri re-entered the Council Chambers and presided over the meeting.
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12.N. Engineering and Traffic Speed Zone Survey Updates Recommendation: Adopt Resolution No. 2024-53, establishing posted speed limits on certain portions of Mills Avenue and Beverly Boulevard within the City of Whittier.
City Manager Saeki answered questions regarding additional resident concerns on Mills Avenue; the process for addressing those concerns; and vehicle weight restrictions on residential streets.
MOTION
Mayor Pro Tern Warner moved and Council Member Pacheco seconded a motion to adopt Resolution No. 2024-53, establishing posted speed limits on certain portions of Mills Avenue and Beverly Boulevard within the City of Whittier. The motion carried 4-0.
12.G. Special Event Permit - 2024 Los Muertos Festival
Recommendation: Approve a special event permit and waive City fees in the amount of $2,400 for the annual Los Muertos Art & Music Festival in Uptown Whittier, hosted by Casita del Pueblo on October 13, 2024, from 11:00 a.m. to 5:00 p.m.
This item was moved to a future meeting.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present.
13. PUBLIC HEARINGS
13.A. Proposed Amendments to the Whittier Municipal Code (WMC) Zoning Code Amendment No. ZCA22-0001
Zone Change No. ZCG24-0001
Recommendation: Continue deliberation regarding the August 13th and August 27th, 2024, 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 Official Zoning Map (ZCG24-0001).
Director Pongetti presented the report.
Discussion on Drive-throuphs
Director Pongetti answered a question regarding the implementation of Conditional Use Permits for drive-throughs.
The City Council deliberated.
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MOTION
Council Member Martinez moved and Mayor Pro Tern Warner seconded a motion to approve allowing drive-throughs with a Conditional Use Permit in Zones C-i, C-2, C-2 (HO), C-3, M, and MED. The question was called and the motion carried 3-i-i, Council Member Pacheco dissenting and Council Member Dutra absent.
Discussion on Lodging Facilities
City Manager Saeki and Director Pongetti answered questions regarding the previous Council directions; Staff’s current recommendation; the proposed zoning around the Presbyterian Intercommunity Hospital (PIH); and the location of zones for lodging facilities.
MOTION
Council Member Martinez moved and Mayor Pro Tern Warner seconded a motion to allow lodging facilities with a Conditional Use Permit in MU-2, MU-3, C-2, C-3, and M zones and to allow extended-stay hotels in the Medical Zone. The question was called and the motion carried 4-0.
Discussion Regarding Zoning MaD Clarification
City Manager Saeki and Director Pongetti answered questions regarding the location of the storage units on Lambert Road; the zoning designation of single family residential (R-1) on Lambert Road directly to the east and west of Colima; the ability to build housing at the end of the amortization period; and whether the storage units operate with a Conditional Use Permit.
Discussion Regarding Section 18.10.050 - Minimum Residential Density Director Pongetti answered questions regarding the reason for the request to lower minimum residential density requirements and the benefits of lowering them.
MOTION
Council Member Martinez moved and Mayor Pro Tern Warner seconded a motion to add the following language to Section 18.10.050 —Minium Residential Density:
“Evidence is presented to the satisfaction of the Director of Community Development that a waiver or modification to the minimum density requirement is appropriate in consideration of project site physical constraints and existing economic market conditions.” The question was called and the motion carried 4-
0. Council Member Pacheco expressed concerns regarding parking requirements for multi-unit residential development.
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MOTION
Council Member Pacheco moved a motion to rescind the City Council’s previous motion to adopt staff recommendation for parking requirements for multi-unit residential developments in order to reconsider going back to the status quo.
There was no second. The motion failed.
MOTION
Mayor Pro Tern Warner moved and Council Member Martinez seconded a motion to introduce the first reading of Ordinance No. 3159, approving Amendments to Title 18 — Zoning and Title 17- Subdivisions (ZCA22-0001) and adopting an Official Zoning Map (ZCG24-0001). The question was called and the motion carried 3-1 -1, Council Member Pacheco dissenting and Council Member Dutra absent.
City Manager Saeki requested that Item 14.B. be moved before 14.A.
14. STAFF REPORTS
14.B. Water and Sewer Cost of Service Rate/Study Report Recommendation: Receive the draft Water and Sewer Comprehensive Cost-of-Service Rate Study prepared by Raftelis Financial Consultants Inc.; set a Public Hearing for November 12, 2024, at 6:00 pm., to set rates; and direct staff to send out notices to all ratepayers 45 days in advance of the Public Hearing.
Director Cason presented the report and answered questions regarding the differences in rates between east Whittier and the rest of the city; the rates for Pico Water District; whether Whittier water is safe; allocations for the budget for Capital Improvement Projects (CIP) under Proposition (Prop) 218; Suburban Water Systems rates; economies of scale as they pertain to water rates; the average household size in Whittier; the service area for sewer rates; the Los Angeles County Sanitation District’s sewer charges; public notification of the increase in rates; the rates in neighboring agencies; and per- and polyfluoroalkyl substances (PFAS).
Council Member Martinez exited the Chamber.
MOTION
Mayor Pro Tern Warner moved and Council Member Pacheco seconded a motion to receive the draft Water and Sewer Comprehensive Cost-of-Service Rate Study prepared by Raftelis Financial Consultants Inc.; set a Public Hearing for November 12, 2024, at 6:00 pm., to set rates; and direct staff to send out notices to all ratepayers 45 days in advance of the Public Hearing. The question was called and the motion carried 3-0-2, Council Members Martinez and Dutra absent.
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14.A. City Street Lighting
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 Pacheco discussed her vote on Item 13.A.; indicated that she visited a project site with the Street paving crew; attended a Business Federation of Los Angeles County event for newly elected people; attended the Clean Power Alliance meetings; attended the event for the naming of the Art building at Whittier High School after Yosh Nakamura; congratulated the Hispanic Outreach Taskforce (HOT) for their “El Grito” celebration; and congratulated the Chamber of Commerce for a successful Hathway Golf Tournament event.
Mayor Pro Tem Warner indicated she attended the Chamber of Commerce’s Hathway Golf Tournament event and thanked the elected members of surrounding cities and Senator Bob Archuleta for also attending the event; and shared that there is a new baby in her family.
Mayor Vinatieri discussed the Whittier Girls Softball event; the American Youth Soccer Organization’s (AYSO) 5O~” year celebration; and the death of Senate Bill (SB) 1262.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 9:52 p.m.