MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBERS, 13230 PENN STREET
NOVEMBER 12, 2024, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on November 12, 2024. Mayor Vinatieri called the meeting to order at 6:03 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. Conference with Legal Counsel — Anticipated Litigation, initiation of litigation pursuant to Government Code Section 54956.9(d)(4):
One Case
3.B. Conference with Legal Counsel — Existing Litigation. pursuant to Government Code Section 54956.9(d)(1)
Jessi Pollnow v. City of Whittier, Case No. 609806
3.C. Conference with Legal Counsel — Existing Litigation. pursuant to Government Code Section 54956.9(d)(1)
Dma Gurrola v. City of Whittier, Case No. 23-NWCVol 524.
3.D. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property AIN: 81 39-009-033 (12510 Hadley St)
City Negotiator: Brian Saeki
Property Negotiator Curt Skotnicki
Under Negotiation: Price and Terms
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:40 p.m. in the Council Chamber of Whittier City HaIl, 13230 Penn Street, Whittier, CA 90602.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes November 12, 2024 Page 2 of 10
5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
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
Kimberly Hall Barlow, Deputy City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia Jr., City Clerk
Lenette Perez, Records Manager
Paymaneh Maghsoudi, Director of Library Services
Kyle Cason, Director of Public Works
Katie Galvin-Su rbatovic, Public Information Officer
Aviv Bar, Chief of Police
6. PLEDGE OF ALLEGIANCE
Council Member Martinez led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Collins indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Proclamation — Small Business Saturday
Mayor Vinatieri discussed the importance of Small Business Saturday and encouraged all residents to shop small and local.
Council Member Martinez exited the Chamber.
Shannon Hammer, Interim President & CEO of the Whittier Chamber of Commerce, indicated Small Business Saturday will be on November 30, 2024 and encouraged all residents to support local businesses.
Justin Tipton, President of the Whittier Uptown Association, encouraged all residents to shop local and shop Whittier.
Mayor Vinatieri presented Ms. Hammer and Mr. Tipton with a proclamation.
Council Member Martinez entered the Chamber.
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8.B. Whittier Public Library Foundation — Whittier Reads Mayor Vinatieri invited Director Maghsoudi to the lectern. Director Maghsoudi indicated that Whittier Public Library Foundation Board Member, Norm Kirschenbaum, passed away, and invited Mandy Knight, Chair of the Whittier Reads Committee, and Mary McCarthy, the Foundation President, to the lectern.
Ms. Knight announced that “The Boys of Riverside,” by Thomas Fuller will be the Whittier Reads book of 2025. The culminating event will take place on April 24, 2025 at the Whittier Central Library. Ms. McCarthy invited everyone to visit the Central Library; thanked the library’s supporters; and invited residents to attend an event hosted by Melissa Villaseñor at the Central Library on Thursday, November 14, 2024.
9. APPROVAL OF AGENDA
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Agenda. The motion carried unanimously.
10. PUBLIC COMMENTS
City Attorney Collins indicated that disparaging comments against those individuals that are receiving treatment at residential care facilities for drug and alcohol addiction, which is classified as a disability, are considered discriminatory. The City Council is legally prohibited from considering discriminatory comments in any decision that the Council makes regarding the facilities. Disparaging comments can be used against the City in any actionable decision it makes in the future regarding the facilities, so the public is invited to refrain from making disparaging 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. Overflow speaking options were provided downstairs in the lobby. Staff forwarded and provided copies of the email correspondence to City Council Members for review.
The following individuals provided live public comments:
Tom Hall; Monica Sena; Mary Gorman-Sullens; Veronica Garcia; Conny McCormack; Brandan Arcega; Javier Garcia; Yvette Altuna; Magdalena Moe; Vanessa Vien; Stephanie Limon; and Cathy Jones.
Michael W. provided a teleconference public comment.
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
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City Manager Saeki invited residents who are interested in the discussion regarding residential care facilities to stay and listen to a staff presentation from the City’s legal team; congratulated Director Santana and her staff for hosting the Veteran’s Day event outside of City Hall before the screening of the Jose Ramos documentary; congratulated City Clerk Garcia and his staff for hosting a vote by mail ballot drop off drive-through event; thanked the Whittier Police Department for safely escorting the ballots and staff to the drop-off location; and apologized for the elevator not working. Staff was in the lobby assisting members of the public view and participate from the lobby if they could not get to the Council Chamber upstairs.
Mayor Vinatieri directed City Manager Saeki to have a discussion with the homeowner of 15814 Citrustree Road and Yvette Altuna relative to the use of the p roperty.
12. JOINT CONSENT CALENDAR
Council Member Pacheco pulled Item 12.D. for individual consideration.
Mayor Vinatieri indicated he was recusing himself from Item 12.G. due to a conflict of interest since he owns a property within the project area.
MOTION
Mayor Pro Tern Warner moved and Council Member Dutra seconded a motion to approve the Consent Calendar, with the exception of Item 12.D. and noting Mayor Vinatieri’s recusal on Item 12.G. The question was called and the motion carried unanimously (Mayor Vinatieri recused on Item 12.G).
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 October 8, 2024 Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Dominic Catalano, Arlene Francia, Eduardo J. Garcia, John F. Bazan, Ana Maria Pallan, Anthony Reyes, Peter Steven Alamillo III, and Joseph Ortiz.
12.E. Greater Los Angeles County Vector Control District Reappointment Recommendation: Reappoint Council Member Pacheco to sit on the Greater Los Angeles County Vector Control District for a term commencing on January 6, 2025.
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12.F. Authorize deed restriction for Prop A - funded City Property Recommendation: Authorize the City Manager to execute documents related to deed restrictions for a Prop A funded property acquired by the City.
12.G. Survey of Additional Properties in the vicinity of the Central Park Historic District
Recommendation:
1) Approve and authorize the City Manager to execute a Professional Services Agreement with Page & Turnbull to provide expanded surveying services for the Central Park Historic District; and,
2) Adopt Resolution No. 2024-69, amending the Fiscal Year 2024-25 budget with a supplemental appropriation for an expenditure of $24,250 for historic preservation technical assistance.
12.H. Professional Services Agreement with Willdan Engineering Recommendation: Approve a Professional Service Agreement (PSA) with Willdan Engineering for planning staff augmentation within the Community Development Department for an amount not to exceed $77,000 and authorize the City Manager to execute the agreement and necessary amendments.
12.1. Contract for Parking Enforcement Services
Recommendation: Approve a Professional Services Agreement with InterCon Security Systems Incorporated for a not to exceed annual fee of $460,100 for parking enforcement services and authorize the Mayor to sign the agreement.
12.J. Out of State Travel - FBI National Academy
Recommendation: Approve out-of-state travel for one Police Lieutenant to attend the FBI National Academy Session 293 in Quantico, Virginia from January 6, 2025 to March 13, 2025.
12.K. 23-002 Sidewalk Maintenance Program (Phase 1) - Acceptance of Public Sidewalk Easement for 6711 Painter Avenue
Recommendation: Accept the public sidewalk easement from 6711 Painter Avenue and authorize the City Clerk to execute the public sidewalk easement document.
1 2.L. Norino Drive Water Transmission Line slip lining - Notice Inviting Bids Recommendation:
1) Find the project is categorically exempt from CEQA pursuant to section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines.
2) Approve the Specifications for the 24-014 Norino Drive Water Transmission Line Slip lining.
3) Authorize the Secretary to advertise the project for construction bonds.
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12.M. Amendment No. 1 to Agreement No. WUA-22-002 - On-Call Engineering Support Services of the Savage Canyon Landfill PSA Recommendation:
1) Approve and authorize the Executive Director to execute Amendment No. 1 to Agreement No. WUA-22-002 with Geosyntec Consultants, Inc. (Geosyntec) to provide on-call engineering support services of the Savage Canyon Landfill for a not to exceed fee of $100,000; and 2) Adopt Resolution No. WUA-2024-07, amending the Fiscal Year 2024-25 Budget with supplemental funding appropriation for the on-call engineering support services of the Savage Canyon Landfill.
The following item was pulled for individual consideration:
12.D. Second Reading of Ordinance No. 3159 - Proposed Amendments to the Whittier Municipal Code (WMC)
Zoning Code Amendment No. ZCA22-0001
Zone Change No. ZCG24-0001
Recommendation: Conduct the second reading and adopt Ordinance No. 3159, amending Title 18 — Zoning and Title 17 — Subdivisions (ZCA22- 0001), and adoption of an official Zoning Map (ZCG24-001) for the implementation of, and consistency with, the previously adopted 2021-2040 Envision Whittier General Plan.
Council Member Pacheco expressed concerns over the reduced parking requirements in residential zones and drive-throughs in mixed-used zones.
MOTION
Mayor Pro Warner moved and Council Member Dutra seconded a motion to conduct the second reading and adopt Ordinance No. 3159, amending Title 18— Zoning and Title 17 — Subdivisions (ZCA22-0001), and adoption of an official Zoning Map (ZCG24-001) for the implementation of, and consistency with, the previously adopted 2021-2040 Envision Whittier General Plan. The question was called and the motion carried 4-1, Council Member Pacheco dissenting.
13. PUBLIC HEARINGS
13.A. Public Hearing on Multi-Year Water and Sewer Rates Recommendation:
1) Receive the final Water and Sewer Comprehensive Cost-of-Service Rate Study prepared by Raftelis Financial Consultants Inc.;
2) Conduct a public hearing to consider public testimony and protests regarding the proposed adjustments to water and sewer rates; 3) Adopt Resolution No. 2024-70, fixing rates and fees for water service furnished by the Whittier Utility Authority for Calendar Years 2025 through 2029; and
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4) Adopt Resolution No. 2024-71, fixing rates and fees for sewer service furnished by the Whittier Utility Authority for Calendar Years 2025 through 2029.
Director Cason presented the report on water rates and answered questions regarding boundary between City of Whittier water customers and Suburban Water Systems customers; public input options for Suburban Water Systems customers; City of Whittier proposed water rates; the Pico Water District rates; fire sprinkler meters; best practice recommendations for capital fund reserves; allowable uses for capital improvement project funds; the components of the water bill; the City’s water production; and water rights.
Director Cason presented on sewer rates. Director Cason and City Clerk Garcia answered questions regarding the geographical area for service; the billing process for sewer fees; the Sanitation District assessments; the protest process and requirements; the frequency of rate increases; and annual CIP expenditures.
Mayor Vinatieri opened the public hearing.
Mayor Vinatieri indicated that any members of the audience who had a written protest should raise their hands. City Clerk Garcia indicated nine written protests were previously received and forwarded to the City Council. These protests are part of the record.
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.
Mayor Vinatieri indicated that pursuant to State Law, there could be only one protest per parcel identification number.
Sherri Brady and Mary Gorman-Sullens provided live public comments.
There were no teleconference public comments.
Director Cason answered questions regarding the rate of increase; developer fees to cover infrastructure upgrades; developer costs associated with constructing single family and multi-family projects; and connection fees.
Mayor Vinatieri closed the public hearing.
The City Council deliberated.
MOTION
Mayor Pro Tern Warner moved and Council Member Dutra seconded a motion to receive the final Water and Sewer Comprehensive Cost-of-Service Rate Study prepared by Raftelis Financial Consultants Inc.; conduct a public hearing to consider public testimony and protests regarding the proposed adjustments to Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes November 12, 2024 Page 8 of 10
water and sewer rates; adopt Resolution No. 2024-70, fixing rates and fees for water service furnished by the Whittier Utility Authority for Calendar Years 2025 through 2029; and adopt Resolution No. 2024-71, fixing rates and fees for sewer service furnished by the Whittier Utility Authority for Calendar Years 2025 through 2029. The question was called and the motion carried unanimously.
Mayor Vinatieri recused himself from the next item due to a conflict of interest since he owns a business in Uptown Whittier.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members, except Mayor Vinatieri, present. Mayor Pro Tem Warner presided over the meeting.
13.B. 2025 Uptown Business Improvement Area Assessments (CONTINUED FROM THE OCTOBER 22, 2024 MEETING)
Recommendation: Conduct a public hearing to consider the Uptown Business Improvement Area levy of assessments for calendar year 2025 and adopt Resolution No. 2024-72, confirming the annual report and levy of assessments for the Uptown Business Improvement Area for Calendar Year 2025.
Public Information Officer (PlO) Galvin-Surbatovic presented the report. City Manager Saeki, PlO Galvin-Surbatovic, and Justin Tipton from the Uptown Association answered questions regarding business license fees; the process of establishing and collecting assessment fees; the City’s relationship to the Uptown Whittier Association; and line items from the Uptown Association’s budget (i.e., professional services independent contractor and membership permit consulting).
Mayor Pro Tern Warner opened the public hearing.
Mayor Pro Tern Warner 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 want to deliver a public comment should raise their hand.
Conny McCormack provided a live public comment.
There were no teleconference public comments.
Mr. Tipton indicated that the Uptown Association is working on an interactive business directory that will be posted to their website and answered questions about issues with the website; funding for the construction of the website; whether the board meetings are open to the public; and the time and location of their board meetings.
City Manager Saeki and City Attorney Collins answered questions regarding the Brown Act and whether the Uptown Whittier Association is subject to it.
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Mayor Pro Tern Warner closed the public hearing.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to adopt Resolution No. 2024-72, confirming the annual report and levy of assessments for the Uptown Business Improvement Area for Calendar Year 2025. The question was called and the motion carried 4-0-1, Mayor Vinatieri absent.
The City Council thanked the Uptown Association for their hard work assisting the business community.
Mayor Vinatieri re-entered the Chamber and presided over the meeting.
14. STAFF REPORTS
14.A. Residential Care Facilities
Recommendation: Receive and file a report on discretionary authorities and state mandates relative to residential care facilities, and provide direction as appropriate.
Deputy City Attorney Barlow presented the report. City Manager Saeki, Deputy City Attorney Barlow, and Chief Bar answered questions regarding state and federal legislation prohibiting the regulations of residential care facilities with 6 or less occupants; the impact of non-profits operating unlicensed group homes; other sites where individuals with alcohol-drug addictions can seek treatment/care; whether there are zoning laws that protect cities from overbuilding residential care facilities in an area; whether homeowner’s associations can impose regulations on these facilities; the types of nuisances that can be regulated; health regulations associated with the maximum number of people that can live in a designated area; provisions related to maximum occupancy at residential care facilities; difference between licensed and unlicensed facilities; how many sober living facilities can be on one property; filing complaints against these facilities; when to contact the police; distinctions between mentally disabled individuals and drug and alcohol addicted individuals in the eyes of the law; overconcentration of these facilities; and next steps to address the proliferation of residential care facilities.
City Attorney Collins indicated Council Member Martinez did not have a conflict of interest with the item even though he works for an organization that is in the process of purchasing a home for special needs adults.
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CONSENSUS
By consensus, the City Council directed Staff to meet with Senator Bob Archuleta’s office and the COG to discuss legislative remedies and report back to the City Council.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Martinez indicated he attended a resource parent event and the Veteran’s Day event outside of City Hall; discussed he will be presenting a birthday certificate to Zita Montenegro, who is turning 101 years old, and will be attending an event for the newly opened LAX transit system; and invited residents to the Whittwood Tree lighting ceremony on Saturday, November 16, 2024.
Council Member Dutra congratulated City Clerk Garcia and his staff for assisting with the election; thanked Staff for hosting the Veteran’s Day event; and indicated he will be hosting an event for the newly opened LAX transit system.
Council Member Pacheco discussed a community meeting with a homeowner’s association that lives across from a recycling center; indicated she and City Manager Saeki took an inventory of streetlights in District 1 and discussed Southern California Edison’s process for installing streetlights; and attended the Annual Business Outlook event hosted by the Whittier Chamber, a Community Resource Connection Meeting, attended the Spooktacular Run, Whittier Museum Trick or Treat Event, a Soroptimist International of Whittier event, the Principal for a Day event at Whittier City School District, the Women & Children Crisis Center’s fundraiser event; the theater Presentation of “Silvia,” and the City’s Veteran’s Day event.
Mayor Pro Tern Warner thanked the City Council and Staff for putting on a successful Veteran’s Day event and invited residents to attend the Ecumenical and Interfaith Thanksgiving Celebration at First Friends Church.
Mayor Vinatieri thanked the residents for attending tonight’s Council meeting and discussed the election results of Proposition 36.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 10:29 p.m.