MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
MARCH 8, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council, consistent with mandates of Assembly Bill 361 and local adopted policies, met in Closed Session on March 8, 2022. 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
3. CLOSED SESSION
3.A. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Properties: Former Alpha Beta Site:
8139-005-909- 12813 Bailey Ave
8139-005-910, 12802 Hadley St
8139-005-911, 12813 Bailey Ave
8139-005-912, 6557 Comstock Ave
8139-013-901, 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
8139-005-903, Green leaf Ave
8139-004-900, Bright Ave
8139-004-901, Bright Ave
8139-015-900, 6711 Bright
8139-015-902, 6724 Green leaf Ave
8139-015-901, 6726 Greenleaf Ave
City Negotiator: Brian Saeki, City Manager
Property Negotiator: Brian Saeki, Executive Director
Under Negotiation: Price and Terms.
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3.B. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: 7018 Greenleaf Ave
City Negotiator: Brian Saeki
Property Negotiator: JOW Investment LLC and Nixon Office LLC
3.C. Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Agency Negotiator: Brian Saeki
Represented and Unrepresented Employee: Whittier City Employees’ Association, Whittier Police Officers’ Association, Whittier Police Management Association, and unrepresented employees
3.D. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
One Case
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri, consistent with mandates of Assembly Bill 361 and local adopted policies, 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
Jessica Martinez, Council Member
Fernando Dutra, Council Member
Henry Bouchot, Council Member
STAFF PRESENT:
Brian Saeki, City Manager
Richard Jones, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia Jr., City Clerk
Kyle Cason, Director of Public Works
Aviv Bar, Chief of Police
6. PLEDGE OF ALLEGIANCE - American Legion Whittier Post 51 First Vice Commander Dennis Knight from the American Legion Whittier Post 51 led the Pledge of Allegiance.
Mayor Vinatieri read a statement denouncing the war crimes in Ukraine, expressed solidarity, and asked for a moment of silence.
7. CLOSED SESSION REPORT
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City Attorney Jones indicated there was nothing to report, but since Closed Session was not completed, the City Council would return to Closed Session after the regular session. City Attorney Jones also indicated Mayor Vinatieri declared a conflict of interest regarding the Alpha Beta Properties.
Mayor Vinatieri informed residents that the Whittier City Council is accepting applications for boards, commissions, and committees.
8. PRESENTATIONS
8.A. City Net Presentation on Homeless Outreach
Assistant City Manager DeLong introduced Matt Bates, Jessica Aguilar-Bruce, and Michelle Jordan from City Net.
Matt Bates presented an overview of the organization and its contract with the City of Whittier and provided updates regarding the regional and local linkage, a cumulative report from August 1,2021 through March 3,2022, and the Top 12 (a list of the 12 highest utilizers of resources in the City).
Mr. Bates, Ms. Aguilar-Bruce, and Ms. Jordan answered questions regarding un duplicated and duplicated clients; the average number of contacts per day; approaching individuals experiencing homelessness; the Top 12 users; City Net’s experience in La Habra; potential improvements; reducing homelessness in Whittier; tracking veterans; service on weekends; needs assessments; mental health issues; A Lanterman Petris Short (LPS) Conservatorship; changes in number of individuals experiencing homelessness; and assistance from the Department of Mental Health.
9. APPROVAL OF AGENDA
MOTION
Mayor Pro Tern Warner moved and Council Member Dutra seconded a motion to approve the agenda. The question was called and the motion carried unanimously.
10. PUBLIC COMMENTS
Mayor Vinatieri stated that consistent with mandates of Assembly Bill 361 and local adopted policies, public comment options were made available to the public for participation by email, voicemail, live teleconference, and in-person. Staff forwarded and provided copies of the correspondence to City Council Members for review. Mayor Vinatieri indicated speakers would have three minutes to speak.
The following individuals provided in-person public comment:
Justin Tipton; Sandra Hahn; Ernie Avila; and Octavio Martinez Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes March 8, 2022 Page 4 of 8
The following individuals provided live teleconference public comment:
D.K. and David Barboza.
All public comments submitted are part of the record and are on file with the City Clerk Department.
Mayor Vinatieri indicated teleconference public comment options would not be available at future meetings since City Council meetings will be held in person.
11. CITY MANAGER REPORT
City Manager Saeki welcomed everyone back to the in-person meeting and encouraged residents to follow the City’s social media pages for updates on projects and events.
12. JOINT CONSENT CALENDAR
Mayor Pro Tern Warner pulled Item 12.1. for individual consideration.
Council Member Dutra pulled Item 12.G. for individual consideration.
Mayor Vinatieri recused himself from Item 12.1. due a conflict of interest since he owns a business on Greenleaf Avenue.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Consent Calendar, with the exception of Items 12G. and 12.1., noting Mayor Vinatieri’s recusal on Item 12.1. 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 February 8, 2022 Regular Meeting Minutes.
12.C. League of Women Voters Candidate Forums
Recommendation: Approve the co-sponsorship of a Candidate Forums with the League of Women Voters, to be held in the Council Chambers either on March 24, 2022, or March 28, 2022, and broadcast on the municipal access channel; and waive the associated fees.
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12.D. Claims Against the City
Recommendation: Deny claims filed by Laura Barajas, Ginger Gaxiola, Jorge R. Hernandez, Trinidad Huerta, Janet Roybal, Gabriela Garcia, Daniel R. Saucedo, Maria Hortencia Vasquez, The Estate of Isaac Eduardo Vazquez Ramirez (Decedent), and any other Heirs, and Martin Browne.
12.E. Side Letter Amendment to WCEA Memorandum of Understanding Recommendation: Approve Side Letter amendment to the Memorandum of Understanding with the Whittier City Employees’ Association.
12.F. AB 361—Remote Meetings Under State Emergency Orders Recommendation: Adopt Resolution No. 2022-18, making the legally required findings to authorize the conduct of remote telephonic meetings during the state of emergency for all Brown Act bodies if necessary and rescinding Resolution No. 2022-12.
12.H. City Hall East Wing Renovation Project - Award of Professional Services Agreement
Recommendation: Authorize the City Manager to execute a professional services agreement with Dunbar Architecture for preliminary architecture and interior design services in the amount of $48,725.
12.J. Renovation of The Whittier Greenway Trail Bridge on Norwalk Boulevard — Award of Contract
Recommendation:
1) Approve and authorize the City Manager to execute the construction contract to Techno Coatings Inc. of Anaheim, California, in the amount of $419,865 for the Renovation of The Whittier Greenway Trail Bridge on Norwalk Boulevard Project;
2) Adopt Resolution No. 2022-19 amending the Fiscal Year 2021-22 Budget with a supplemental appropriation for the Whittier Greenway Trail Bridge on Norwalk Boulevard Project; and
3) Approve $41,987 in contingency for the Whittier Greenway Trail Bridge on Norwalk Boulevard Project subject to approval by the City Manager.
12.K. Richard Nixon Drive and Vicinity Resurfacing — Notice Inviting Bids Recommendation:
1) Find the project categorically exempt pursuant to Section 15301, Class 1(c) Existing facilities of the California Environmental Quality Act guidelines;
2) Approve the Plans and Specifications for the Richard Nixon Drive and Vicinity Resurfacing Project; and
3) Authorize the City Clerk to advertise for construction bids.
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The following items were pulled for individual consideration:
I 2.G. Anaconda Park and Central Park Improvement Project — Notice Inviting Bids
Recommendation:
1) Find the project categorically exempt pursuant to Section 15301, Class 1(c) Existing facilities, of the California Environmental Quality Act guidelines;
2) Approve the plans and specifications for the Anaconda and Central Park Improvement Project; and
3) Authorize the City Clerk to advertise for construction bids.
Director Cason answered a question regarding the timeline for the projects and the anticipated completion date.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to find the project categorically exempt pursuant to Section 15301, Class 1(c) Existing facilities, of the California Environmental Quality Act guidelines; approve the plans and specifications for the Anaconda and Central Park Improvement Project; and authorize the City Clerk to advertise for construction bids. The question was called and motion carried unanimously.
Mayor Vinatieri exited the room and Mayor Pro Tem Warner presided over the meeting.
12.1. Greenleaf Promenade - Professional Service Agreement for Design Services
Recommendation: Authorize the City Manager to enter into an agreement with SWA Group in the amount not to exceed $158,000 for the Greenleaf Promenade Conceptual Design.
CONSENSUS
By consensus, the City Council directed staff to bring back a future agenda item with a discussion of the six recommendations for immediate implementation outlined by the Whittier Uptown Association (WUA), Uptown Whittier Improvement Association (UWIA) and Whittier Area Chamber of Commerce.
City Manager Saeki, City Attorney Jones, and Director Cason answered questions regarding agendizing items; the safety, feasibility, and cost issues of a hybrid concept; traffic patterns; parking options; underground utility placements; lighting and photometric surveys; the scope of services; and alternative design options.
The City Council deliberated.
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MOTION
Council Member Martinez moved and Council Member Bouchot seconded a motion to authorize the City Manager to enter into an agreement with SWA Group in the amount not to exceed $158,000 for the Green leaf Promenade Conceptual Design. The question was called and the motion carried 4-0-1, Mayor Vinatieri absent.
Mayor Vinatieri re-entered the meeting.
RECESS
Mayor Pro Tem Warner called a recess. The City Council entered Closed Session after the recess. The meeting reconvened with all Council Members present. City Attorney Jones indicated there was nothing to report out of Closed Session.
13. PUBLIC HEARINGS
None.
14. STAFF REPORTS
14.A. Misdemeanor Prosecution Options
Recommendation: Direct staff to send a letter to the Los Angeles County District Attorney to request the City be allowed to prosecute its own misdemeanors violations.
City Manager Saeki presented the report. City Manager Saeki, City Attorney Jones, and Chief Bar answered questions regarding the cost of services provided by the County; Jones & Mayer’s experience in prosecution; prosecutorial discretion and immunity; liability; the experience of other cities who prosecute their own crimes; number of non-prosecuted cases; the impact of current LA County District directives on officers’ morale; Prop 47; trend of crime rates; catalytic converter thefts; the relationship between crime and drug use; non-drug related misdemeanor crimes; and community safety.
MOTION
Council Member Bouchot and Mayor Pro Tem Warner seconded a motion to direct staff to send a letter to the Los Angeles County District Attorney to request the City be allowed to prosecute its own misdemeanors violations. The question was called and the motion carried unanimously.
14.B. City Council Ad Hoc Committee - Parnell Park Renovation Recommendation: Appoint two City Council Members to serve on an Ad Hoc Committee for the renovation of Parnell Park.
City Manager Saeki presented the report.
The City Council deliberated.
MOTION
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Council Member Bouchot and Council Member Martinez seconded a motion to appoint Mayor Vinatieri and Mayor Pro Tern Warner to serve on an Ad Hoc Cornmittee for the renovation of Parnell Park. The question was called and the motion carried unanimously.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Bouchot discussed his tour of the Central Library and thanked City Staff for their hard work on the project.
Council Member Dutra informed residents about the Candidate’s Forum hosted by the Chamber of Commerce on Wednesday, March 9, 2022, and discussed the crisis in Ukraine.
Council Member Martinez discussed a mission trip to the Ukraine; a trip to Jacksonville, Florida on behalf of the Greater Los Angeles Vector Control District; her tour of Central Library; and lobbying the state’s legislators to overturn Prop
47. CONSENSUS
By consensus, the City Council directed Staff to send a letter to the California Legislature asking them to overturn Prop 47.
Mayor Pro Tern Warner discussed a social media post in support of Ukraine and Murphy Ranch Little League Opening Day.
Mayor Vinatieri discussed reading Dr. Suess’s Horton Hatches An Egg to the second graders at Murphy Ranch Elementary School and to the kindergartners at Longfellow; discussed Murphy Ranch Little League and Pony baseball; and invited residents to an upcoming recall rally for District Attorney George Gascon.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 9:23 p.m.