MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
FEBRUARY 14, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on February 14, 2023. Mayor Vinatieri called the meeting to order at 6:00 p.m. in the Council Chamber of Whittier City HaIl, 13230 Penn Street, Whittier, California.
2. PUBLIC COMMENT ON CLOSED SESSION
None.
3. CLOSED SESSION
3.A. Approval of Minutes - Closed Session
Approve the January 10, 2023 Closed Session Minutes.
3.B. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
City of Whittier v. Teva, Allergan, CVS, Walgreens, and Walmart - RefNum CL-3831 35+
3.C. 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, Greenleaf 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
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 14, 2023 Page 2 of 8
Property Negotiator: Brian Saeki, Executive Director
Under Negotiation: Price and Terms.
3.D. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Whittier Conservancy v. City of Whittier - Court Case No. 22STCP03523
3.E. Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Represented and Unrepresented Employee: Whittier City Employees’ Association, Whittier Police Officers’ Association, Whittier Police Management Association, and unrepresented employees
3.F. 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
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 D. Jones, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Jeff Lopez, Management Assistant
Paymaneh Maghsoudi, Director of Library Services
Virginia Santana, Director of Parks, Recreation and Community Services
6. PLEDGE OF ALLEGIANCE
City Manager Saeki led the Pledge of Allegiance.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 14, 2023 Page 3 of 8
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.
8. PRESENTATIONS
8.A. Whittier Public Library Foundation
Director Maghsoudi introduced Myra Weiss, Chair of Whittier Reads and Board Member of the Whittier Public Library Foundation. Ms. Weiss discussed the book Solito by Javier Zamora and invited residents to meet the author on Thursday, April 27, 2023 at the Whittier Central Library.
8.B. Blue Star - Private 2nd Class Raquel Rojas - United States Army Assistant Lopez read a biography about Raquel Rojas containing her education, training, and ties to the Whittier Community.
Mayor Vinatieri and Mayor Pro Tern Martinez thanked Raquel Rojas and her family.
9. APPROVAL OF AGENDA
MOTION
Council Member Dutra moved and Mayor Pro Tern Martinez seconded a motion to approve the Agenda. The motion carried unanimously.
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:
Monica Sena; Sharon Straite; Isaiah Leslie Leon Savage; David Barboza; and Danya Hazen.
The following individuals provided teleconference public comments:
D.K.; Beth; John Perez; and Susan Cameron.
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.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 14, 2023 Page 4 of 8
11. CITY MANAGER REPORT
None.
12. JOINT CONSENT CALENDAR
MOTION
Council Member Warner and Mayor Pro Tern Martinez seconded a motion to approve the Consent Calendar. The question was called and the rnotion 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.
12.8. Approval of Minutes
Recommendation: Approve the January 10, 2023 Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Mercury Insurance for Veronica Mojica, Benjamin Simon, Tyler Hampton, and United States Fire Insurance Company for Javier Cervantes.
12.D. AB 361 — Remote Meetings Under State Emergency Orders Recommendation: Adopt Resolution No. 2023-13, 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. 2023-01.
12.E. Second Reading of Ordinance No. 3145 — Stormwater and Runoff Pollution Control
Recommendation: Conduct the second reading and adopt Ordinance No. 3145, amending Title 8 (Health and Safety), Chapter 8.36 (Stormwater and Runoff Pollution Control) of the Whittier Municipal Code to bring the City into compliance with current operations and regulations consistent with the Clean Water Act and supplementary to the municipal National Pollutant Discharge Elimination System (NPDES).
12.F. California Automated Permit Processing (CaIAPP) Program (2023) Recommendation: Adopt Resolution No. 2023-14 amending the Fiscal Year 2022-23 Budget with a supplemental appropriation for revenue and expenditure of $60,000 and accepting a grant from the California Energy Commission (CEC) to implement the new California Automated Permit Processing (CaIAPP) Program and integrate it with the City’s current Accela LJ permitting software.
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12.G. Amendment No. 3 to Agreement No. WUA 18-027 — Fountainhead Consulting Corporation (Fountainhead), formerly known as PPM Group, Inc. for Whittier Senior Center Construction Management Services
Recommendation:
1) Approve and authorize the City Manager to execute Amendment No. 3 to Agreement No. WUA 18-027 — Fountainhead for Whittier Senior Center Construction Management Services, in the amount of $540,884 to provide construction management services for the Whittier Senior Center Addition & Renovation Project, modify the expiration date of the agreement to June 30, 2024, and authorize the Executive Director to execute Amendment.
2) Adopt Resolution No. 2023-15 amending Fiscal Year 2022-23 Budget to appropriate an additional $540,884 to fund the Senior Center Construction Management Services Agreement.
12.H. Alleys North of Hadley between Pickering and Friends Sewer Main Replacement Project Phase I - Notice of Completion
Recommendation: Accept the work performed by Ramona, Inc. for the Alleys North of Hadley between Pickering and Friends Sewer Replacement Project Phase I and authorize the Secretary to file the Notice of Completion on behalf of the Whittier Utility Authority (WUA).
13. PUBLIC HEARINGS
None.
14. STAFF REPORTS
14.A. Our Neighborhood Voices - Coalition and Potential Ballot Measure Recommendation: Authorize the City to join the “Our Neighborhood Voices” Coalition and consider taking a supportive position on a proposed ballot measure concerning local land use control, and if appropriate, adopt Resolution No. 2023-16, expressing support for the “Brand-Mendoza Candell” Tripartisan Land Use Initiative” to amend Article Xl of the Constitution of the State of California to make zoning and land use community affairs, and not of state interest.
Assistant City Manager DeLong presented the report and answered a question regarding potential financial commitments.
The City Council deliberated.
MOTION
Council Member Warner moved and Mayor Pro Tern Martinez seconded a motion to authorize the City to join the “Our Neighborhood Voices” Coalition and take a supportive position on a proposed ballot measure concerning local land use control, and adopt Resolution No. 2023-16, expressing support for the “Brand Mendoza-Candell” Tripartisan Land Use Initiative” to amend Article Xl of the Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 14, 2023 Page 6 of 8
Constitution of the State of California to make zoning and land use community affairs, and not of state interest. The question was called and the motion carried unanimously.
14.B. Gateway Cities Council of Governments Affordable Housing Trust Joint Powers Authority
Recommendation: Authorize the Mayor to execute the Gateway Cities Affordable Housing Trust Joint Powers Authority (JPA) Agreement; and nominate a member of the City Council as a candidate to serve as Board Member for the Trust.
Assistant City Manager DeLong presented the report. City Manager Saeki and Assistant City Manager DeLong answered questions regarding monetary contributions; membership numbers; Regional Housing Needs Allocation (RHNA) obligations; and the inclusion of alternate board members.
The City Council deliberated.
MOTION
Mayor Pro Tern Martinez moved and Council Member Martinez seconded a motion to authorize the Mayor to execute the Gateway Cities Affordable Housing Trust Joint Powers Authority (JPA) Agreement and appoint Council Member Dutra as the delegate and Council Member Warner as an alternate. The question was called and the motion carried unanimously.
14.C. Council Ad Hoc and Subcommittees — Fire Station 17, Education Liaison, and State Legislation
Recommendation: Consider whether to establish three new Ad Hoc Committees / Standing Subcommittees related to the upgrades to Los Angeles County Fire Department Station 17, Education Liaisons, and State Legislation.
City Clerk Garcia presented the report.
The City Council deliberated on the three proposed Ad Hoc related to the upgrades to Los Angeles County Fire Department Station 17, Education Liaisons, and State Legislation.
CONSENSUS
By consensus, the City Council directed Staff to add Fire Station 17 and State Legislation to the list ofAd Hoc Committees for consideration at the reorganization meeting in April and to contact the Whittier Union High School about opportunities for collaboration.
Council Member Martinez recused himself from the next item since he is employed at Li CAPC, which was one of the organizations that applied for grant funding. He exited the Council Chambers.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 14, 2023 Page 7 of 8
14.D. Social Services Grant Funding
Recommendation: Approve the Fiscal Year 2022-23 distribution of Social Services Funding in the amount of $176,516 from General Funds, $48,250 from Community Development Block Grant funds, and $50,000 from Low/Medium Income Housing Asset Grant funds as the Social Services Commission recommended.
Director Santana presented the report. City Manager Saeki and Director Santana answered questions regarding the criteria for ranking the non-profits; the number of residents served by each organization; the reporting process for number of Whittier residents served; the weight assigned to each question on the application; and local matching funds.
CONSENSUS
The City Council directed Staff to re-evaluate the criteria used to score the submitted grant funding applications and bring back recommendations with best practices that contain an emphasis on serving Whittier residents.
Council Member Martinez re-entered the meeting.
14.E. Amendment to City Manager Employment Agreement
Recommendation: Approve Amendment No. 2 to the agreement with City Manager Brian Saeki.
City Clerk Garcia presented the reported and disclosed the following fringe benefits: full payment of the full premium costs for health, dental and vision care at the time of retirement from the City until Medicare age. The agreement increases severance pay by one month for every year City Manager is employed by the City, up to the statutory maximum of 18 months, including accrued leave time if the City Manager is terminated without cause, and stipulates a cost of living increase in a percentage equal to that received by the Whittier Police Management Association, if any.
The City Council thanked City Manager Saeki for his service to the City of Whittier.
MOTION
Council Member Warner moved and Mayor Pro Tern Martinez seconded a motion to approve Amendment No. 2 to the agreement with City Manager Brian Saeki.
The question was called and the motion carried unanimously.
City Manager Saeki thanked the Department Heads and their staff for their hard work.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner discussed attending an event at Fire Station 28 and Senator Archuleta’s Community Swearing-In ceremony.
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Council Member Martinez discussed attending Senator Archuleta’s Community Swearing-In ceremony.
Council Member Dutra discussed the event at Fire Station 28 and wished his wife and children a happy Valentine’s Day.
Mayor Pro Tem Martinez wished everyone a happy Valentine’s Day and discussed the history of Valentine’s Day.
Mayor Vinatieri discussed attending the Prayer Summit on Saturday, February 11 and the event at Fire Station 28.
16. ADJOURNMENT in Memory of Eileen Murphy Bigelow
Mayor Vinatieri read a biography of Eileen Murphy Bigelow and discussed her ties and contributions to the Whittier Community.
The City Council shared personal anecdotes and extended their condolences.
The City Council returned to Closed Session. City Clerk Garcia indicated there was nothing to report out of Closed Session and indicated the meeting adjourned at 9:05 with all Council Members present.