MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
JUNE 14, 2022, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on June 14, 2022. Mayor Vinatieri called the meeting to order at 6:01 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 May 10, 2022 Closed Session Minutes.
3.B. 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.
3.C. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: 15466 Whittier Boulevard, Whittier, CA 90603 (Whittwood Town Center Shopping Mall located at Whittier Boulevard and Santa Gertrudes Avenue)
City Negotiator: Brian Saeki
Property Negotiator: Kimco Realty
Under Negotiation: Price and Terms.
3.D. Conference with Legal Counsel — Anticipated Litigation significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
One Case
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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 6:39 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
Jessica Martinez, Mayor Pro Tern
Fernando Dutra, Council Member
Cathy Warner, Council Member
Octavio Martinez, 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
Ben Pongetti, Director of Community Development
Jeff Lopez, Management Assistant
Katie GaIvin-~urbatoviO, Public Information Officer (PlO) Aviv Bar, Chief of Police
6. PLEDGE OF ALLEGIANCE
Mayor Pro Tern Martinez led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
City Attorney Jones indicated that there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Blue Star — Petty Officer Third Class Alex Garcia — United States Navy Assistant Lopez read a biography about Alex Garcia containing his education, training, and ties to the Whittier Community.
Mayor Vinatieri and Mayor Pro Tern Martinez thanked Officer Garcia’s family.
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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 unanimously.
10. PUBLIC COMMENTS
Mayor Vinatieri 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:
Monica Sena; Eric Ramos; Anthony Tejada; Jose; Isaiah L. Leon Savage; Sherry Edwards; Justin Tipton; Moses Beltran; Mary Gorman-Sullens; Alfred Lugo; Art Duran; Daniel Romero; Ruben Cardenas; Lindsey; Bridget Antuna; Rose Vargas; Claudia Prado; Linda Guerrido; and Aaron Melendrez.
City Clerk Garcia indicated staff previously forwarded one email public comment to the City Council.
There were no teleconference public comment speakers.
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 provided the following updates:
1. The grand reopening of the Whittier Central Library will be Saturday, June 18, 2022 at 2:00 p.m. City Manager Saeki thanked the Whittier Public Library Foundation, the Friends of the Library, Congresswoman Linda Sanchez, Senator Bob Archuleta, Supervisor Janice Hahn, the City Council, previous city managers, and Director Maghsoudi and her staff for their hard work on the project.
2. A community meeting for the City’s Housing Element will take place at 6:00 p.m. on Tuesday, June 21, 2022, in-person at City Hall and virtually on Zoom.
More information is available on the City’s website.
3. Condolences, thoughts, and prayers were extended to the Whittier family on the passing of Officer Lanell Whitfield.
4. At 5:00 p.m. on Tuesday, June 14, 2022, two El Monte police officers were shot in an incident. City Manager Saeki expressed concern and asked residents to keep the families of these individuals in their thoughts and prayers.
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12. JOINT CONSENT CALENDAR LI
Council Member Dutra pulled Item 12.D. for individual consideration.
Mayor Vinatieri commented on Items 12.F. and G.
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to approve the Consent Calendar with the exception of Item 12.D. The question was called and 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 May 10, 2022 Regular Meeting Minutes.
12.C. Second Reading of Ordinance No. 3135 - Catalytic Converter Ordinance
Recommendation: Conduct second reading and adopt Ordinance No. 3135, adding Chapter 9.50 to the Municipal Code pertaining to the unlawful possession of catalytic converters.
12.E. Claims Against the City
Recommendation: Deny claims filed by Chad Oberly, Gary S. Parsons, Alyssa Nicole Lara Sedillo, and Angelique Webre.
12.F. Assistance League of Whittier Donation to Whittier Public Library Recommendation: Adopt Resolution No. 2022-39 amending the Fiscal Year 2021-22 Budget to accept a grant from the Assistant League of Whittier and appropriate $8,000 for Library Services and Programs.
12.G. Whittier Community Center Theater Lighting Project—Notice Inviting Bids
Recommendation:
1) Approve the plans and specifications for the Theater Lighting Project; and 2) Authorize the City Clerk to advertise for construction bids.
12.H. CalRecycle SB 1383 Local Assistance Grant Program Award Recommendation: Adopt Resolution No. 2022-40 amending the Fiscal Year 2021-22 budget to include the Department of Resources, Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program award of $122,505.
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The following item(s) were pulled for individual consideration:
12.D. Fireworks — Fines for Violations
Recommendation: Adopt Resolution No. 2022-38, rescinding Resolution No. 7993 and increasing the administrative fine to $5,000 for each fireworks citation.
City Manager Saeki answered a question regarding neighboring cities’ administrative fines for fireworks.
MOTION
Council Member Dutra moved and Mayor Pro Tem Martinez seconded a motion to adopt Resolution No. 2022-38, rescinding Resolution No. 7993 and increasing the administrative fine to $5,000 for each fireworks citation. The question was called and the motion carried unanimously.
13. PUBLIC HEARINGS
13.A. Second Reading - Ordinance No. 3136, 3137, 3138 (Trash Haulers Amendments)
Recommendation:
1) Conduct second reading and adopt Ordinances No. 3136 and 3137 with Amendments No. 1 to the Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services between the City and Arakelian Enterprises, Incorporated, dba Athens Services (A17-161), and the City and Consolidated Disposal Service, L.L.C, dba Republic Services (A17-162), respectively, to add a definition of unauthorized containers, add a section related to enforcement of exclusivity, revise the service zone map and revise the rate schedule to add container size options and pricing for various sized recycling bins.
2) Conduct second reading and adopt Ordinance No. 3138 finding that the herein ordinance is exempt from review under the California Environmental Quality Act and adopting Amendment No. 2 to an Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services with Arakelian Enterprises, Incorporated, dba Athens Services (A17-161) adopted by Ordinance No. 3076 to add language to comply with Short-Lived Climate Pollutant Regulations also known as Organics Recycling (SB 1383).
Director Cason presented the staff report and answered questions regarding increasing rates; senior citizen discounts; enforcement; multi-family and commercial rates; negotiations with Republic Services; education and outreach efforts; lid-flipping; and compost protocols.
Mayor Vinatieri opened the public hearing.
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Gary Clifford, Executive Vice President of Athens Services, answered questions regarding audits; lid-flipping; green waste and compost programs; the materials recovery facility (MRF); requirements under SB 1383; and the rate increase.
Amanda Mejia, Athens Services, discussed education and outreach programs.
The following individual 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.
Mayor Vinatieri closed the public hearing.
MOTION
Council Member Martinez moved and Council Member Dutra seconded a motion to adopt Ordinances No. 3136 with Amendments No. Ito the Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services between the City and Arakelian Enterprises, Incorporated, dba Athens Services (A17-161), to add a definition of unauthorized containers, add a section related to enforcement of exclusivity, revise the service zone map and revise the rate schedule to add container size options and pricing for various sized recycling bins. The question was called and the motion carried unanimously.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to adopt Ordinance No. 3137 with Amendments No. Ito the Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services between the City and Consolidated Disposal Service, L.L.C, dba Republic Services (Al 7-162), to add a definition of unauthorized containers, add a section related to enforcement of exclusivity, revise the service zone map and revise the rate schedule to add container size options and pricing for various sized recycling bins.
The question was called and the motion carried unanimously.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to adopt Ordinance No. 3138 finding that the herein ordinance is exempt from review under the California Environmental Quality Act and adopting Amendment No. 2 to an Exclusive Franchise Agreement for the Provision of Solid Waste and Recycling Services with Arakelian Enterprises, Incorporated, dba Athens Services (Al 7-161) adopted by Ordinance No. 3076 to add language to comply with Short-Lived Climate Pollutant Regulations also known as Organics Recycling (SB 1383). The question was called and the motion carried unanimously.
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13.B. HUD Fiscal Year 2022-23 Action Plan
Recommendation: Conduct a public hearing and consider public testimony on the U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2022-23 Action Plan (Plan) and direct staff to finalize and submit the Plan to HUD.
Director Pongetti presented the report and answered questions regarding allowable uses of funds; Community Housing Development Organizations requirements; expiration of funds; and identification of projects.
Mayor Vinatieri opened the public hearing.
There were no public comments.
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.
Mayor Vinatieri closed the public hearing.
MOTION
Council Member Dutra moved and Council Member Warner seconded a motion to finalize and submit the Plan to HUD. The question was called and the motion carried unanimously.
14. STAFF REPORTS
14.A. 2022-23 Public Information Strategy
Recommendation: Receive and file the 2022-23 Public Information Strategy.
PlO Galvin-~urbatoviO presented the report and answered questions regarding the roles and responsibilities of a public information officer; branding efforts for the city; and the City of Whittier motto.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member Martinez seconded a motion to receive and file the 2022-23 Public Information Strategy. The question was called and the motion carried unanimously.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present.
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Mayor Vinatieri indicated the two El Monte Police Officers who were injured earlier passed away and led a moment of silence.
14.B. Board and Commission Selection of Interviewees
Recommendation: Select applicants to interview or appoint for vacancies on the following boards and commissions:
a) Board of Library Trustees (1 Term)
b) Cultural Arts Commission (2 Terms)
c) Historic Resources Commission (1 Terms)
d) Parking and Transportation Commission (3 Terms)
e) Parks, Recreation and Community Services Commission (4 Terms) f) Personnel Board (3 Terms)
g) Planning Commission (1 Term)
h) Social Services Commission (3 Terms)
i) Art in Public Places (2 Terms)
j) Puente Hills Habitat Preservation Authority Citizens Technical Advisory Committee (1 Term)
City Clerk Garcia presented the report and answered questions regarding the roles and responsibilities of boards and commissions and in-service training.
The City Council deliberated.
The City Council indicated that any applicant who was selected for an interview with one advisory board would also be considered for vacancies on other boards for which they submitted applications.
CONSENSUS
By consensus, the City Council selected to interview the following applicants for board and commission vacancies:
• Board of Library Trustees: John Gomez, Joseph Dzidrums, and Fernando Lopez
• Cultural Arts Commission: Christopher Rubalcaba, Beth Robinson, Jaz Sawyer, and Rhonda Mulherin
• Historic Resources Commission: Martha Romero, Ken Hesse, and Anthony J. Avila
• Parking and Transportation Commission: Alejandro Mendoza, Ricardo lzquierdo, Martha Romero, and Arthur Revueltas.
• Parks, Recreation and Community Services Commission: Robert Sera, Monica Yep, Tiffany Givens, Joseph Westrup, Daniel Contreras, Andrew Roble, and Elizabeth Apodaca
• Personnel Board: Martha Shultz, Peggy Rowe, Fernando Lopez, and Paul Estuar
• Planning Commission: Luis Rodriguez, James Becerra, and Delicia “Dee” Barba
• Social Services Commission: James Ortiz, Isaac Martinez, Irene Muro, Benito Guerrero Jr., and Marsha Shultz
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• Art in Public Places Advisory Committee: Roberto Chavez, Jennifer Alessandro, and Gwen Woirhaye
• Puente Hills Habitat Preservation Authority (CTAC) — Jeff Brauckmann, James Becerra, and Janis Cavanaugh
Mayor Vinatieri recused himself from the item due to a conflict of interest since he owns a business on Greenleaf Avenue. Mayor Vinatieri exited the room, and Mayor Pro Tern Martinez presided over the meeting.
14.C. Greenleaf Promenade — Design Options
Recommendation: Provide direction on conceptual design for SWA for Greenleaf Promenade.
Director Cason presented the report. City Manager Saeki, Director Cason, PlO Galvin- ~urbatoviO, and Chief Bar answered questions regarding hybrids options; infrastructure improvements; fiber optic conduits; security and crimes rates in Uptown Whittier; other cities’ outdoor dining options; skateboarding and homelessness issues; and the Greenleaf Promenade survey results.
The City Council deliberated.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to bring back the report at a future meeting. The question was called and the motion carried unanimously.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Martinez expressed his condolences to the families of the two El Monte Officers.
Council Member Warner expressed her condolences to the families of the two El Monte Officers.
Council Member Dutra expressed his condolences to the families of the two El Monte Officers and thanked Chief Bar for his leadership.
16. ADJOURNMENT IN MEMORY OF LANELL WHITFIELD
Mayor Pro Tern Martinez read a biography of Officer Whitfield and discussed his ties and contributions to the Whittier Community.
Mayor Pro Tern Martinez adjourned the meeting at 10:18 p.m.