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Whittier City Council
September 13, 2022

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Minutes
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September 13, 2022
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MINUTES

WHITTIER CITY COUNCIL

WHITTIER REDEVELOPMENT SUCCESSOR AGENCY

WHITTIER UTILITY AUTHORITY

REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
SEPTEMBER 13, 2022, 6:00 PM

CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on September 13, 2022. Mayor Vinatieri called the meeting to order at 6:04 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 August 2, 2022 Closed Session Minutes.

3.B. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
APN: 8150-002-008, 8150-002-009, 8150-003-021
Address: 14590 Whittier Boulevard
City Negotiator: Brian Saeki
Property Negotiator: Hales Kathleen Cl Watts Patricia S Under Negotiation: Price and Terms

3.C. 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
3D. 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 6:36 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.

5. ROLL CALL
PRESENT:

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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
Aviv Bar, Chief of Police
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
Jeff Lopez, Management Assistant

6. PLEDGE OF ALLEGIANCE
Council Member Martinez 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 and would return to close session later in the evening.

8. PRESENTATIONS

8.A. Blue Star -April Saltikov - United States Marine Corps.

Assistant Lopez read a biography about April Saltikov containing her education, training, and ties to the Whittier Community.

Mayor Vinatieri and Mayor Pro Tern Martinez thanked Corporal Saltikov’s family.

9. APPROVAL OF AGENDA
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Agenda. The motion carried unanimously.

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10. PUBLIC 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. Staff forwarded and provided copies of the email correspondence to City Council Members for review.

The following individuals provided live public comments:

Gwen Woirhaye; Bianca Loretto; Laura Escarzega; Danya Hazen; Tim Nally; Helen Rahder; Mary Gorman-Sullens; and Maggie Moe.

D.K. 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
City Manager Saeki provided the following updates:

1. The Los Angeles Homeless Services Authority released the data from its annual homeless count late last week, which indicated that homelessness in Whittier has declined.

2. The Parks, Recreation and Community Services Department will host “Back to the Future” for Family Movie Night at the Whittier High School track and football field this Saturday, September 17, 2022 starting at 6 p.m.

3. The Parks, Recreation and Community Services Department and the Whittier Community Foundation are hosting the Spooktacular 5K on Saturday, October 29, 2022. Interested residents can register at Whittier5K.com.

4. The Whittier/La Mirada Relay for Life is scheduled for Saturday, October 1, 2022 from 9 a.m. to 9 p.m. at the Splash Aquatic Center in La Mirada.

5. The Whittier Public is hosting their annual Booktoberfest on Thursday, October 6, 2022 — tickets are on sale now at Whittierplf.org.

12. JOINT CONSENT CALENDAR
Council Member Dutra asked a question about 12.J. regarding violations from the Los Angeles Regional Water Quality Control Board.

Mayor Vinatieri pulled item 12.D. for individual consideration.

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.

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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. Claims Against the City
Recommendation: Deny claims filed by Raul Arias, Daniella Escobar, Cristina Lira, Ramon Ruiz, Anna Diaz, and Gurbachan Juneja.

12.C. Mills Act Agreement
6004 Painter Avenue
Certificate of Appropriateness No. HRC2O-0007
Recommendation: Accept the Historic Resources Commission’s recommendation to approve a Mills Act Agreement, and:
1) Find that this project is categorically exempt pursuant to Class 31, (Historical Resource Restoration) Section 15331, of the California Environmental Quality Act guidelines;
2) Adopt Resolution No. 2022-72, approving Certificate of Appropriateness No. HRC2O-0007 to approve a Mills Act Agreement with the property owners of 6004 Painter Avenue; and,
3) Authorize the Mayor to sign the Mills Act Agreement contract.

12.E. Parks Master Plan — Award of Professional Services Contract Recommendation:
1) Adopt Resolution No. 2022-74 amending FY 2022-23 budget in the amount of $249,531 in general funds to be allocated for the Parks Master Plan Project;
2) Award the Professional Services contract to KTUA in the amount not to exceed $249,531 for the Parks Master Plan project; and
3) Authorize the City Manager to execute a Professional Services contract on behalf of the City.

12.F. Engineering Services for Treatment System Expansion - Award of Contract
Recommendation: Authorize the Executive Director to execute a Professional Services Agreement with Jacobs to provide Piloting Support and Preliminary Design Services for the Adsorption Treatment System Expansion Project for a fee not to exceed $269,932 and adopt Resolution No. WUA-2022-07 amending the Fiscal Year 2022-23 Budget with a supplemental funding appropriation for the treatment system expansion project.

12.G. Public Works Van Replacement
Recommendation: Authorize the purchase of a replacement van from Penske Toyota of Downey, California, for $52,488.

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12.H. Replacement of Police Patrol Supervisor Vehicles
Replacement of Crew-Cab Compact Trucks
Replacement of Extended Cab Compact Trucks
Recommendation:
1) Authorize the purchase of two police patrol supervisor vehicles from National Auto Fleet Group, Watsonville, California, for $99,475 and adopt Resolution No. 2022-75 amending the Fiscal Year 2022-2023 Budget to fund the replacement of two police patrol supervisor’s vehicles for $149,475.
2) Authorize the purchase of two replacement crew-cab compact trucks from National Auto Fleet Group, Watsonville, California, for approximately $71,235.
3) Authorize the purchase of two replacement extended cab compact trucks from National Auto Fleet Group, Watsonville, California, for $66,478.

12.1. Richard Nixon Drive and Vicinity Resurfacing - Notice of Completion Recommendation: Accept the work performed by Pave West, Inc. for the Richard Nixon Drive and Vicinity Resurfacing and authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.

12.J. 22-028 Savage Canyon Landfill (SCL) Side Slope Repair Project - Notice Inviting Bids
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 SCL Side Slope Repair Project.
3) Authorize the Secretary to advertise the project for construction bids.

The following item was pulled for individual consideration:

12.D. Police Lateral Incentive and Community Services Officer Positions Recommendation: Increase Police Officer lateral incentive to $20,000 and add three full-time Community Services Officer position; and adopt Resolution No. 2022-73 amending Fiscal Year 2022-23 budget with a supplemental funding appropriation of general fund for lateral incentive program and addition of three full-time community services officer positions.

City Manager Saeki and Chief Bar answered questions regarding the benefits of increasing the lateral incentive and funding.

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MOTION
Mayor Vinatieri moved and Council Member Dutra seconded a motion to increase Police Officer lateral incentive to $20,000 and add three full-time Community Services Officer position; and adopt Resolution No. 2022-73 amending Fiscal Year 2022-23 budget with a supplemental funding appropriation of general fund for lateral incentive program and addition of three full-time community services officer positions. The question was called and the motion carried unanimously.

13. PUBLIC HEARINGS

13.A. Redistricting - 2020 US Census Data
Recommendation: Conduct a public hearing to consider testimony on the 2020 US Census data and receive a report on the population balance of existing districts, redistricting process, and redistricting criteria.

City Clerk Garcia and Dr. Justin Levitt of National Demographics Corporation, presented the report and answered questions regarding potential shifts in population; voting age population statistics for the Nelles Project (The Groves); neighboring cities’ redistricting experience; equitable redistribution of the population across the city; map submission process.

Mayor Vinatieri opened the public hearing at 7:51 p.m. [j There were no public comments.

Mayor Vinatieri closed the public hearing at 7:52 p.m.

The City Council deliberated.

City Manager Saeki, City Clerk Garcia, and Dr. Levitt answered questions regarding the definition of “minor” changes to district lines.

MOTION
Council Member Warner moved and Council Member Martinez seconded a motion to request map options from National Demographics Corporation (NDC), residents, and conduct public forum(s) as needed. The question was called and the motion carried unanimously.

13.B. 2021 -22 Consolidated Annual Performance and Evaluation Report Recommendation: Conduct a public hearing to review and approve the Consolidated Annual Performance and Evaluation Report (CAPER) for the period beginning July 1, 2021 and ending June 30, 2022; and Authorize the City Manager to submit the report, along with any public comments received and necessary revisions, to the United States Department of Housing and Urban Development (HUD).

Director Pongetti presented the report and answered questions regarding the uses and requirements of Community Development Block Grant (CDBG) and Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes September 13, 2022 Page 7 of 9
HOME Investment Partnerships Program (HOME) funds; affordable housing options; the Alpha Beta development; and outreach to promote information about affordable housing.

Mayor Vinatieri opened the public hearing.

There were no public comments delivered.

Mayor Vinatieri closed the public hearing.

MOTION
Council Member Dutra moved and Mayor Pro Tern Martinez seconded a motion to approve the Consolidated Annual Performance and Evaluation Report (CAPER) for the period beginning July 1, 2021 and ending June 30, 2022; and authorize the City Manager to submit the report, along with any public comments received and necessary revisions, to the United States Department of Housing and Urban Development (HUD). The question was called and the motion carried unanimously.

13.C. Amendment No. 2 to the 2020-21 HUD Action Plan
Recommendation:
1) Conduct a public hearing to consider testimony on Amendment No. 2 to the 2020-21 HUD Action Plan for the allocation of CDBG-CV funds; 2) Approve Amendment No. 2 and direct Staff to submit it to the US Department of Housing and Urban Development (HUD); and
3) Adopt Resolution No. 2022-76 amending the Fiscal Year 2022-23 Budget with a supplemental appropriation for revenue and expenditure of $210,115 in Community Development Block Grant (CDBG-CV) Funds for the Homeless Navigation Center.

Director Pongetti presented the report.

Mayor Vinatieri opened the public hearing.

There were no live public comments.

D.K. 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.

Mayor Vinatieri closed the public hearing.

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MOTION
Council Member Martinez moved and Council Member Warner seconded a motion to approve Amendment No. 2 and direct Staff to submit it to the US Department of Housing and Urban Development (HUD); and adopt Resolution No. 2022-76 amending the Fiscal Year 2022-23 Budget with a supplemental appropriation for revenue and expenditure of $210,115 in Community Development Block Grant (CDBG-CV) Funds for the Homeless Navigation Center. The question was called and the motion carried unanimously.

14. STAFF REPORTS

14.A. Proposed 2022-2023 State Legislative Platform and Procedures for City of Whittier and Whittier Utility Authority
Recommendation: Discuss, amend as appropriate, and adopt the proposed State Legislative Policy and Plafform for addressing legislative matters impacting the City of Whittier and the Whittier Utility Authority.

Assistant City Manager DeLong presented the report and answered questions regarding quality-of-life decisions, who takes the formal position, and the decision process.

CONSENSUS
By consensus, the City Council directed Staff to amend Section 3.b. under the “City of Whittier Legislative Policy statements to remove the word “unintentional” and to align the “City of Whittier Legislative Policy Statements” with “City Council Strategic Goals.”
The City Council deliberated.

MOTION
Council Member Dutra moved and Mayor Pro Tem Martinez seconded a motion to adopt an amended State Legislative Policy and Platform for addressing legislative matters impacting the City of Whittier and the Whittier Utility Authority.

The question was called and the motion carried unanimously.

15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner asked about the possibility of revisiting the discussion regarding the hiring of a city prosecutor.

Council Member Martinez discussed the reduction in homelessness and thanked Chief Bar and the Whittier Police Department; discussed representing Whittier at the League of California Cities Annual Conference and voting to retain local control as much as possible in California; and indicated he sent California Attorney General Rob Bonta a personal letter
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Council Member Dutra discussed the reduction in homelessness and thanked staff for their hard work to work toward progress; and asked about the impact on retail as it relates to the re-zoning of Uptown Whittier.

Mayor Pro Tern Martinez congratulated Corporal Saltikov for receiving the Blue Star recognition and congratulated her parents; discussed attending the League of California Cities Annual Conference and public safety; and expressed concerns regarding the California Attorney General Rob Bonta.

Mayor Vinatieri invited residents and colleagues to purchase a pink breast cancer awareness patch from the Police Department; discussed the importance of increasing the lateral incentive and hiring three new community service officers; and addressed the reduction in homelessness.

16. ADJOURNMENT - In Memory of Sally Schacht
Mayor Vinatieri read a biography of Sally Schacht and discussed her ties and contributions to the Whittier Community.

Council Members offered personal anecdotes of Sally Schacht and extended condolences to the family members.

City Council returned to Closed Session.

City Clerk Garcia adjourned the meeting at 9:13 p.m. with nothing to report out of Closed Session.

E

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