Whittier — 2024-08-13

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

3.B. Conference with Real Property Negotiators pursuant to Government\nCode Section 54956.8\nProperty: APN 8140-025-005, 12102 Hadley St\nCity Negotiator: Brian Saeki\nProperty Negotiator: JLC Transportation Inc.\nUnder Negotiation: Price and Terms

12.A. Waive Further Reading\nRecommendation: After the City Clerk has read the title, waive full reading of\nall resolutions and ordinances on this agenda for adoption.

12.B. Approval of Minutes\nRecommendation: Approve the July 9, 2024 Regular Meeting Minutes.

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

12.D. Dave’s Hot Chicken\nDevelopment Review No. DRP23-0016\nConditional Use Permit No. CUP23-0001\n11891 Whittier Boulevard (A.I.N. 8140-007-059)\nRecommendation: Receive and file the Planning Commission action\napproving Resolution No. P.C. 2024-05, approving Development Review No.\nDRP23-0016 and Conditional Use Permit No. CUP23-0001, an application\nfor a new restaurant building with a drive-thru service window, allowing Type\n41 alcohol license, expanded hours of operation, and modifications to\ndevelopment standards located at 11891 Whittier Boulevard.

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

12.F. 23-012 Community Center Roof Replacement Project – Notice Inviting\nBids\nRecommendation:\n1) Find the Project is Categorically Exempt pursuant to Section 15301\n(Existing Facilities) of California Environmental Quality Act guidelines;\n2) Approve the Specifications for 23-012 Community Center Roof\nReplacement Project; and\n3) Authorize the City Clerk to advertise for construction bids.

12.G. 23-022 Kennedy & Guirado Park Improvements Project – Award of\nContract\nRecommendation:\n1) Adopt Resolution No. 2024-48 amending the Fiscal Year 2024-25\nBudget with an appropriation for 23-022 Kennedy Park & Guirado Park\nImprovements Project;\n2) Award the Construction Contract to Caliba, Inc., Stanton, California, in\nthe amount of $1,463,839 for the construction of the Project;\n3) Reject all other bids;\n4) Authorize the City Manager to sign the contract on behalf of the City;\nand\n5) Approve $146,384 in contingency for the Project subject to the approval\nof the City Manager.

12.H. Accept Public Sidewalk Easement at 7058 Whittier Avenue\nRecommendation: Accept Public Sidewalk Easement for 7058 Whittier\nAvenue.

12.I. Amendment No. 1 to Agreement No. A23-019 with Farallon Consulting\nLLC - Pilot Test Work Plan & Engineering Design Services Re:\nRemediation Project at 12353-12363 Whittier Boulevard\nRecommendation:\n1) Accept Round 2 Equitable Community Revitalization Grant Funds from\nthe Department of Toxic Substance Control in the amount of $5,529,825;\n2) Approve and authorize the City Manager to execute Amendment No. 1 to\nAgreement No. A23-019 with Farallon Consulting LLC in the amount not\nto exceed $5,529,825 and extend the term of the agreement through\nMarch 31, 2026, for the Pilot Test Work Plan and Engineering Design\nServices for the Remediation Project at 12353-12363 Whittier Boulevard;\nand\n3) Adopt Resolution No. 2024-49, amending the Fiscal Year 2024-25 Budget\nrelated to supplemental appropriations for the Equitable Communities’\nRevitalization Grant for the Soil Contamination Cleanup of the properties\n12353-12357 Whittier Boulevard.

12.J. Encroachment License- Moller Investment Group, Inc.\nRecommendation: Approve the Encroachment License Agreement for Moller\nInvestment Group, Inc. for the purpose of installing three monitoring wells in\nthe 13900 block of Danbrook Drive.

12.K. Out-of-State Travel Request - VerkadaOne 2024 Physical Security\nConference\nRecommendation: Approve out-of-state travel for the Public Works Manager\nto attend the 2024 VerkadaOne 2024 Physical Security Conference,\nSeptember 17-19, 2024, in Denver, Colorado.

12.L. Parcel Map No. 77193 - 14803 Carnell Street\nRecommendation: Approve Final Parcel Map No. 77193 in substantial\ncompliance and authorize the City Clerk and City Engineer to sign on behalf\nof the City.

12.M. West-Whittier – Los Nietos Annexation (City of Whittier Annexation No.\n2021-09) - Supplemental Resolution Notice\nRecommendation: Adopt Resolution No. 2024-50, memorializing the\nagreed-upon transfer 750 housing units of the County’s Regional Housing\nNeeds Assessment allocation to the City as a part of Annexation No. 2021-\n09.

13.A. Proposed Amendments to the Whittier Municipal Code (WMC) and\nZoning Map\nRecommendation: Conduct a public hearing and introduce the first reading\nof Ordinance No. 3159, approving Amendments to Title 18 – Zoning and\nTitle 17- Subdivisions (ZCA22-0001) and adopting an Updated Zoning Map\n(ZCG24-0001).\nEnvironmental Review\nThe California Environmental Quality Act (CEQA) requires public agencies\nand local governments to measure the environmental impacts of\ndevelopment projects or other major land use decisions, and to limit or avoid\nthose impacts if possible. The amendments to Title 18 – Zoning and Title 17\n– Subdivisions, together with the adoption of an official zoning map are\nconsidered a project under CEQA. In accordance with CEQA, a program\nEnvironmental Impact Report (EIR) was prepared for the Envision Whittier\nGeneral Plan that included within its scope, amendments to the Whittier\nZoning and Subdivision Regulations, and Zoning Map. The City of Whittier\ncertified Final Environmental Impact Report (FEIR) State Clearinghouse\n(SCH) No. 2021040762 for the 2021-2040 Envision Whittier General Plan\non October 12, 2021. Pursuant to CEQA Guidelines 15168 (c), Use with\nLater Activities - subsequent activities in the program must be examined in\nlight of the program EIR to determine whether an additional environmental\ndocument must be prepared. City Staff finds that pursuant to Section 15162,\nno new effects could occur and no new mitigation measures would be\nrequired; therefore, no new environmental document is required, and the\nactivities proposed to be enacted by Zoning Code Amendment ZCA22-0001\nand Zone Change ZCG24-0001 are within the scope of the certified program\nEIR and said program EIR adequately described the activity for the\npurposes of CEQA, pursuant to CEQA Guidelines Section 15168 (e). To the\nlimited extent that there may be additional and related changes included\nherein to the Whittier Municipal Code (WMC) that were not analyzed in the\nprogram EIR, City Staff has determined such changes are categorically\nexempt from CEQA, pursuant to CEQA Guidelines 15061 (c)(3) because it\ncan be seen with certainty that there is no possibility that such changes may\nhave a significant effect on the environment.