MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
MAY 10, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on May 10, 2022. Mayor Pro Tern Martinez called the meeting to order at 6:01 p.m. in the Council Chamber of Whittier City HaIl, 13230 Penn Street, Whittier, California.
2. PUBLIC COMMENT ON CLOSED SESSION
Susan Cameron provided email correspondence regarding Item 3.D.
3. CLOSED SESSION
3.A. Approval of Minutes - Closed Session
Approve the February 22, 2022, March 8, 2022 and March 22, 2022 Closed Session Minutes.
3.B. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Geovani Escobar v. City of Whittier, Workers Compensation Case No. 596296
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 Real Property Negotiators pursuant to Government Code Section 54956.8
Property: State Route 72, Properties along Whittier Boulevard from Esperanza Avenue to Sorensen Avenue
City Negotiator: Brian Saeki
Property Negotiator: Local Agency Formation Commission, Los Angeles Under Negotiation: Price and Terms.
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3.E. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
City Owned Properties: APN 8130-024-010, APN 8130-024-011 City Negotiator: Brian Saeki
Property Negotiator: Insight Property Group
Under Negotiation: Price and Terms
3.F. Conference with Legal Counsel — Anticipated Litigation significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
One Case
3.G. 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 Pro Tem Martinez, consistent with mandates of Assembly Bill 361 and local adopted policies, called the Regular Session to order at 6:33 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
5. ROLL CALL
PRESENT:
Jessica Martinez, Mayor Pro Tem
Fernando Dutra, Council Member
Cathy Warner, Council Member
Octavio Martinez, Council Member
ABSENT:
Joseph A. Vinatieri, Mayor
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
Ben Pongetti, Director of Community Development
Jeff Lopez, Management Assistant
Virginia Santana, Director of Park, Recreation and Community Services
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6. PLEDGE OF ALLEGIANCE
Director Pongetti led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
City Attorney Jones indicated there was nothing to report out of Closed Session; however, the City Council did not conclude Closed Session, so they would be returning later in the evening. A report is anticipated at the end of the Closed Session.
8. PRESENTATIONS
8.A. Blue Star — Staff Sergeant Dallas Hodges — United States Marine Corps Management Assistant Lopez read a biography about Dallas Hodges containing his education, training, and ties to the Whittier Community.
8.B. Proclamation of National Police Week: May 11 - 17, 2022 Mayor Pro Tern Martinez presented Chief Bar, Officers Volk and Perez, and Lieutenant Iraldo with a proclamation in honor of National Police week.
The City Council discussed the achievements of the Whittier Police Department and thanked them for their service.
8.C. Proclamation of National Public Works Week: May 15— 21, 2022 Mayor Pro Tern Martinez presented Director Cason and Assistant Director Rangel a proclamation in honor of National Public Works week.
The City Council discussed the achievements and projects of the Public Works staff.
9. APPROVAL OF AGENDA
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to approve the Agenda. The question was called and the motion carried 4-0, Mayor Vinatieri absent.
10. PUBLIC COMMENTS
Mayor Pro Tern Martinez stated that public comment options were made available to the public for participation by email and in-person. Staff forwarded and provided copies of the email correspondence to City Council Members for review.
The following individuals provided live public comments:
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Jim Ortiz; Frank Mayorga; Monica Sera; and Robert Sera.
The following individuals provided teleconference public comments:
D.K.
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
None.
12. JOINT CONSENT CALENDAR
Council Member Dutra commented on the matrix of costs for bidders (Item I 2.G.) and thanked Public Works for their work on the Scott Avenue Sidewalk Project (12.1.).
Council Member Dutra pulled Items 12.H. and J.
Council Member Warner recused herself from Item 12.L.
MOTION
Council Member Dutra and Council Member Martinez seconded a motion to approve the Consent Calendar, with the exception of Items 12.H. and J, noting Council Member Warner’s recusal on Item 12.L. The question was called and the motion carried 4-0.
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 22, March 8, March 22, and April 12, 2022 Regular Meeting Minutes and the March 8 and March 22, 2022 Special Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Stephen M. Biddlecombe, Horace Mann Insurance Company ASO Irma Lujan, Luis A. Lizarraga, Alberto Popoca, Manya Samarin, Lucy Swindlehurst, Maria C. Velazquez, Whittier Investments LLC, Corrine Bottema, Arlene Perea, Alice Rosales, John Barrera, and Thomas Ward.
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12.D. Second Reading of Ordinance No. 3134 - Military Equipment Use Policy
Recommendation: Conduct second reading and adopt Ordinance No. 3134, adopting a policy governing the use of military equipment.
12.E. Data Network Security Review and Policy Development Recommendation: In conformance with Government Code Sections 6254(ab) and 6254.19, approve and authorize the City Manager to execute an agreement in the amount of $50,000, for a security review of the data network and development of NIST policies.
12.F. California State Library Inspiration Grant “Plant a Seed to Read” Recommendation: Adopt Resolution No. 2022-27 amending the Fiscal Year 2021-22 Budget to accept a grant from the California State Library and appropriate $10,000 for the California State Library “Inspiration Grant - Plant a Seed to Read” LSTA Grant.
12.G. 22-007 City Yard Water and Electrical Meter Shop Demolition - Award of Contract
Recommendation:
1) Award the construction contract to Resource Environmental, Inc. in the amount of $69,000 for the 22-007 City Yard Water and Electrical Meter Shop Demolition project;
2) Reject all other bids;
3) Authorize the Executive Director to sign the contract on behalf of the Whittier Utility Authority; and
4) Approve $6,900 in contingency for the 22-007 City Yard Water and Electrical Meter Shop Demolition project subject to the approval of the Executive Director.
12.1. Scott Avenue Sidewalk Project - Notice of Completion Recommendation: Accept the work performed by FS Contractors, Inc. for the Scott Avenue Sidewalk Project and authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.
12.K. Traffic Signal Improvements Project— Notice Inviting Bids Hadley Street at Pickering Avenue
Mar Vista Street at Pickering Avenue
Mar Vista Street at Greenleaf Avenue
Recommendation:
1) Find the project categorically exempt pursuant to Section 15301, Class 1(c) (Existing Facilities) of California Environment Quality Act guidelines. 2) Approve the Plans and Specifications for the Traffic Signal Improvements Project; and
3) Authorize the City Clerk to advertise for construction bids.
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12.L. Colima Road Rehabilitation Project Construction Update Recommendation: Receive and file the Colima Road Rehabilitation Project Construction Update.
The following item(s) was/were pulled for individual consideration:
12.H. Senior Public Works Project Manager Staff Augmentation — Award Professional Services Agreement for Project Management Services Recommendation: Adopt Resolution No. 2022-28 adding a supplemental appropriation of $120,000 to the Fiscal Year 2021-2022 budget for staff augmentation and authorize the City Manager to enter into an agreement with Project Partners Inc. in the amount not to exceed $120,000.
Director Cason answered questions regarding the scope of services and the consultants’ work hours.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to adopt Resolution No. 2022-28 adding a supplemental appropriation of $120,000 to the Fiscal Year 2021-2022 budget for staff augmentation and authorize the City Manager to enter into an agreement with Project Partners Inc. in the amount not to exceed $120,000. The question was called and the motion carried 4-0.
12.J. Sunset Water Main Replacement - Notice Inviting Bids Sunset Drive Between Painter Avenue and College Avenue
Recommendation:
1) Find the project categorically exempt pursuant to Section 15301, Class 1(b), (Existing facilities) of the California Environmental Quality Act guidelines;
2) Approve the Plans and Specifications for the Sunset Water Main Replacement Project; and
3) Authorize the Secretary to advertise the project for construction bids.
Director Cason answered questions regarding the Metropolitan Water District (MWD) emergency conservation efforts and the impacts on the City of Whittier.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to find the project categorically exempt pursuant to Section 15301, Class 1(b), (Existing facilities) of the California Environmental Quality Act guidelines; approve the Plans and Specifications for the Sunset Water Main Replacement Project; and authorize the Secretary to advertise the project for construction bids.
The question was called and the motion carried 4-0.
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13. PUBLIC HEARINGS
13.A. Generally Prohibit Vehicles Exceeding Three Tons From Using Norwalk Boulevard Between Dorland Street and Hunter Avenue Recommendation: Conduct a public hearing to consider the adoption of Resolution No. 2022-29 to generally prohibit vehicles exceeding three tons from using Norwalk Boulevard between Dorland Street and Hunter Avenue.
City Manager Saeki requested that the City Council open the public hearing and continue it to May 24, 2022, at 6:00 p.m.
City Attorney Jones indicated that anyone wishing to provide public comments for this item today would not be able to provide public comments for the item on May 24, 2022.
Mayor Pro Tern Martinez opened the public hearing.
City Clerk Garcia indicated there were no public speakers for this item.
MOTION
Council Member Martinez moved and Council Member Dutra seconded a motion to continue the public hearing to May 24, 2022, at 6:00 p.m. The question was called and the motion carried 4-0.
14. STAFF REPORTS
14.A. Whittier Beautification Program
Recommendation: Receive information regarding the proposed Whittier Beautification Program requirements, process and provide direction if necessary.
Director Santana presented the staff report. City Attorney Jones and Director Santana answered questions regarding participation of commissioners in the program; spending limits on beautification; and types of residences eligible to participate.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to receive the information regarding the proposed Whittier Beautification Program requirements, amending to exclude current commissioners from participating.
The question was called and the motion carried 4-0.
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14.B. Salary and Management Compensation Resolution
Recommendation:
1) Adopt Resolution No. 2022-30, setting forth certain leave and compensation benefits for management and confidential employees and rescinding Resolution No. 2021-63; and
2) Adopt Resolution No. 2022-31 adopting a 2021-22 salary resolution and rescinding Resolution No. 2022-13.
City Manager Saeki presented the report and answered questions regarding the reasoning for separating the departments and financial implications.
City Clerk Garcia provided the following fringe benefits disclosure:
The salary range for the Director of Finance is $12,748-$15,935, and the salary range for the Director of Human Resources and Risk Management is $11,862- $14,829.
MOTION
Council Member Warner moved and Council Member Martinez seconded a motion to adopt Resolution No. 2022-30, setting forth certain leave and compensation benefits for management and confidential employees and rescinding Resolution No. 2021-63; and adopt Resolution No. 2022-31 adopting a 2021-22 salary resolution and rescinding Resolution No. 2022-1 3. The question was called and the motion carried 4-0.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner discussed Assembly Bill (AB) 2223.
CONSENSUS
By consensus, the City Council directed Staff to add an item to a future agenda regarding the City’s position on AB 2223.
Council Member Martinez thanked Public Works for their dedicated service to the City of Whittier.
Council Member Dutra discussed a catalytic converter registration program; the Gold Line Light Rail; and a Metro Board Program that will support junior colleges through the creation of jobs.
Mayor Pro Tern Martinez thanked the Whittier Police Department, the Public Works Department, the Parks, Recreation and Community Services Department, Staff Sergeant Dallas Hodges, and his family; and discussed AB 2223.
RECESS
The City Council recessed into Closed Session. The meeting reconvened in Open Session with all Council Members present.
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City Manager Saeki reported that, by a unanimous (4-0) vote, Alice Hui was appointed as Director of Finance, Yolanda Martinez was appointed as Director of Human Resources and Risk Management, and Benjamin Pongetti was appointed as Director of Community Development.
16. ADJOURNMENT
City Attorney Jones adjourned the meeting at 7:48 p.m.