MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
FEBRUARY 28, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on February 28, 2023. 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. Approval of Minutes - Closed Session
Approve the January 24, 2023 Closed Session Minutes.
3.B. 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.C. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
One Case
3.D. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Chavez v. City of Whittier, Case No. 21STCV25376
3.E. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 5495&9(d)(1)
Ochoa v. City of Whittier, Case No. 590930
3.F. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
One Case
Maria Sanchez v. City of Whittier, Case No. 19STCV35671 Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 28, 2023 Page 2 of 10
3.G. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Neil Saunders, Marlene Saunders, and Stephanie Saunders v. City of Whittier v. City of Whittier Case No. 1 9STCV4I 720
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri 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:
Joseph A. Vinatieri, Mayor
Jessica Martinez, Mayor Pro Tern
Fernando Dutra, Council Member
Cathy Warner, Council Mernber
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
Payrnaneh Maghsoudi, Director of Library Services
Virginia Santana, Director of Parks, Recreation and Community Services
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
6. PLEDGE OF ALLEGIANCE
Council Member Martinez led the Pledge of Allegiance.
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 be returning later in the evening.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 28, 2023 Page 3 of 10
8. PRESENTATIONS
8.A. Boys and Girls Club of Whittier
Oscar Hernandez and Cynthia Nickell recognized Director Santana for her assistance with the Cyber Senior Program and RJ Saldana for his assistance with large events, including a Thanksgiving Feast and the Toy Drive.
8.B. Puente Hills Land Fill Park
The presentation was postponed.
8.C. Chamber of Commerce Quarterly Update
Carol Crosby provided the following updates:
1. The Chamber hosted the Silver Shields Award Ceremony on Friday, February 24, 2023.
2. The Business Expo will take place on March 15, 2023 at the DoubleTree Hotel from 4 p.m. to 7 p.m.
3. The annual meeting and installation will take place on April 6, 2023.
9. APPROVAL OF AGENDA
MOTION
Council Member Dutra moved and Council Member Warner 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:
Mark Zeko; Laurie Harris; Monique Piedra; Elena Welker; and Ginny Ball.
The following individuals provided teleconference public comments:
Beth and 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.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 28, 2023 Page 4 of 10
11. CITY MANAGER REPORT
City Manager Saeki indicated that State Water Master reports show that as of February 9, 2023, there were 9.64 inches of rain, not including recent rainstorms.
The State’s drought category system has transitioned to ‘moderate drought’ to ‘abnormally dry’, but some areas remain listed under the category of ‘severe drought’.
12. JOINT CONSENT CALENDAR
Council Member Dutra pulled Item 12.M. for individual consideration.
MOTION
Council Member Martinez and Council Member Dutra seconded a motion to approve the Consent Calendar, with the exception of Item 12.M. 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 January 24, 2023 Special and Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Estate of Katherine Winger, Robert Winger, Carlos Escalante, Mark Rodarte, and Darrey Torres.
I 2.D. Whittier Well Being Initiative - Monthly Status Report Recommendation: Receive and file first monthly update on the Whittier Well Being Initiative.
12.E. Board, Committee and Commission Reappointments
Recommendation: Reappoint qualified incumbent board, commission and committee members:
1) Board of Library Trustees—Joseph Dzidrums and Anthony Granado 2) Cultural Arts Commission—Susan Hunter Eiden
3) Historic Resources Commission—Candi Nash
4) Design Review Board—Stephen Flanders and Patricia O’Toole 5) Personnel Board—Arthur Revueltas
6) Planning Commission—Yvonne Connolly
7) Social Services Commission—Carlos lllingworth
12.F. Mills Act Agreement No. MAA22-0001
13514 Bailey Street
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 28, 2023 Page 5 of 10
Recommendation: Accept the Historic Resources Commission’s recommendation to approve a Mills Act Agreement, and:
1) Find that the project is categorically exempt pursuant to Class 31, Section 15331 of the California Environmental Quality Act guidelines; 2) Adopt Resolution No. 2023-17, approving Mills Act Agreement No.
MAA22-0001 with the property owner of 13514 Bailey Street; and 3) Authorize the Mayor to sign the Mills Act Agreement contract.
12.G. Fiscal Year 2022-23 Mid-Year Budget Update
Recommendation: Receive and file the mid-year budget update for Fiscal Year 2022-23.
12.H. Broadway and Citrus Avenue — Multi-way Stop Sign Study Recommendation: Adopt Resolution No. 2023-18 establishing a 4-way stop at the intersection of Broadway and Citrus Avenue.
12.1. Clean Power Alliance - Outside Agency Appointment Recommendation: Appoint the Public Works Management Analyst as the City’s alternate to the Clean Power Alliance Joint Powers Agreement.
12.J. Environmental Consulting Services - Professional Services Agreement - Award of Contract
Recommendation: Authorize the City Manager to execute a Professional Services Agreement with Michael Baker to provide Environmental Consulting Services for various projects for a fee not to exceed approximately $271,725.
12.K. Leffingwell Road TSSP - Los Angeles County Cooperative Agreement Recommendation: Authorize the City Manager to execute a Cooperative Agreement with the County of Los Angeles in the amount of $341,500 for traffic signal improvements on Leffingwell Road from Imperial Highway to Tigrina Avenue for the City’s share of the Leffingwell Road Traffic Signal Synchronization Project.
12.L. Palm Avenue Improvement Project from Beverly Boulevard to Whittier Boulevard - Professional Services Agreement - Award of Contract Recommendation: Approve and authorize the City Manager to execute a Professional Services Agreement with NV5, Inc. to provide Design Services for the Palm Avenue Improvements Project from Beverly Boulevard to Whittier Boulevard for a fee not to exceed $61,265.
12.N. Solid Waste Franchise Agreement Compliance Audit - Professional Services Agreement
Recommendation: Approve and authorize the City Manager to execute a professional services agreement with HF&H Consultants for a not to exceed amount of $117,000 for a solid waste franchise agreement compliance audit for both Athens and Republic Services.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 28, 2023 Page 6 of 10
The following item was pulled for individual consideration:
12.M. Award of Contract — Pilot Test Work Plan & Engineering Design Services re: Remediation Project at 12353-12363 Whittier Boulevard Recommendation: Approve and authorize the City Manager to execute a Professional Services Agreement with Farallon Consulting LLC for the Pilot Test Work Plan and Engineering Design Services for Remediation Project at 12353-12363 Whittier Boulevard for a fee not to exceed $1,880,558 and adopt Resolution No. 2023-19 amending the Fiscal Year 2022-23 Budget to accept grant funds from the California State Department of Toxic Substance Control for soil remediation.
Director Cason presented the report. City Manager Saeki and Director Cason answered questions regarding the scope of work; consultant involvement in the bid process; no further action determination letters; evaluation criteria for the selection of bids; notification process of non-awarded bids proposals; the Omega project; and grant requirements.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve and authorize the City Manager to execute a Professional Services Agreement with Farallon Consulting LLC for the Pilot Test Work Plan and Engineering Design Services for Remediation Project at 12353-12363 Whittier Boulevard for a fee not to exceed $1,880,558 and adopt Resolution No. 2023-19 amending the Fiscal Year 2022-23 Budget to accept grant funds from the California State Department of Toxic Substance Control for soil remediation. The question was called and the motion carried unanimously.
13. PUBLIC HEARINGS
I 3.A. Substantial Amendment to the 2021-22 HUD Annual Action Plan for the allocation of HOME-ARP funds and Budget Revisions
Recommendation:
1) Conduct a public hearing to consider testimony on a Substantial Amendment to the 2021-22 HUD Annual Action Plan for the allocation of HOME-American Rescue Plan (ARP) funds;
2) Approve Substantial Amendment and direct staff to submit it to the US Department of Housing and Urban Development (HUD); and
3) Adopt Resolution No. 2023-20 to appropriate HOME-ARP funds for the activity outlined in the Substantial Amendment.
Director Pongetti presented the report and answered questions regarding previous allocations of HOME funds; new allocations from the American Rescue Plan Act (ARPA); and allocations for the Salvation Army Homeless Navigation Center.
Assistant City Manager DeLong answered questions regarding weekend in-take services at the Salvation Army Homeless Navigation Center.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 28, 2023 Page 7 of 10
Mayor Vinatieri opened the public hearing.
There were no public comment speakers.
Mayor Vinatieri closed the public hearing.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve Substantial Amendment and direct staff to submit it to the US Department of Housing and Urban Development (HUD); and adopt Resolution No. 2023-20 to appropriate HOME-ARP funds for the activity outlined in the Substantial Amendment. The question was called and the motion carried unanimously.
13.B. Federal Transit Administration Section 5310 Grant (Dial-A-Ride) Recommendation: Conduct a public hearing and adopt Resolution No. 2023-21 certifying eligibility to apply for Federal Transit Administration Section 5310 grant funds for replacing Dial-A-Ride vehicles for the Whittier Dial-a-Ride (DAR) transportation service.
Director Santana presented the report.
Council Member Dutra recused himself from the item because he sits on the Metro Board and left the dais.
Mayor Vinatieri opened the public hearing.
There were no public comments.
Mayor Vinatieri closed the public hearing.
MOTION
Council Member Warner moved and Mayor Pro Tern Martinez seconded a motion to adopt Resolution No. 2023-21 certifying eligibility to apply for Federal Transit Administration Section 5310 grant funds for replacing Dial-A-Ride vehicles for the Whittier Dial-a-Ride (DAR) transportation service. The question was called and the motion carried 4-0.
Council Member Dutra entered the meeting.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 28, 2023 Page 8 of 10
14. STAFF REPORTS
14.A. City Council Meeting Teleconference Rules and Public Comment Options
Recommendation:
1) Receive a report on Assembly Bill 2449 affecting Brown Act bodies and determine whether to adopt an alternative method for teleconference for City Council and advisory body meetings.
2) Adopt Resolution No. 2023-22 implementing a procedure for receiving and resolving reasonable accommodations for individuals with disabilities for Brown Act meetings.
3) Provide direction on public comment options based on the anticipated expiration of Assembly Bill 361.
City Clerk Garcia presented the report.
MOTION
Council Member Dutra moved to adopt Assembly Bill 2449, but then rescinded the motion.
City Clerk Garcia answered a question regarding whether there are requirements for proving disability prior to making accommodations.
MOTION
Council Member Dutra moved and Mayor Pro Tern Martinez seconded a motion to adopt Resolution No. 2023-22 implementing a procedure for receiving and resolving reasonable accommodations for individuals with disabilities for Brown Act meetings. The question was called and the motion carried unanimously.
City Manager Saeki and City Clerk Garcia answered questions regarding the time frame for evaluating the effectiveness of current public comment options.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member Martinez seconded a motion to continue providing the current public comments options and revisit their effectiveness every six months. The question was called and the motion carried unanimously.
Mayor Vinatieri recused himself from the item because he owns a business near the area and left the dais.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 28, 2023 Page 9 of 10
14.B. Request for Proposals for Historic Resources Consulting Services Central Park and HadleylGreenleaf Historic Districts
Recommendation: Consider the modifications to the Request for Proposals recommended by the Historic Resource Commission, provide direction to staff as necessary, and authorize the release of a Request for Proposals (RFP) for Historic Resources Consulting Services for Central Park and Hadley/Greenleaf Historic Districts.
Director Pongetti presented the report. City Manager Saeki and Director Pongetti answered questions regarding the rationale for the selection of additional Historic Assets near Central Park; historic designations in the 2008 Uptown Whittier Specific Plan; and the historic designation process.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member Martinez seconded a motion to authorize the release of a Request for Proposals (RFP) for Historic Resources Consulting Services for Central Park and Hadley/Greenleaf Historic Districts, excluding the additional Historic Assets in close proximity to Central Park. The question was called and the motion carried 4-0.
Mayor Vinatieri entered the meeting.
14.C. Parnell Park Renovation and Improvement Project Update Recommendation: Approve the refinements to the Parnell Park Renovation and Improvement project recommended by the Parnell Park Ad Hoc Committee.
Director Santana presented the report. City Manager Saeki, Director Santana and Lovisa Kjerrgren, from SWA Group, answered questions regarding bus stops; fences around the petting zoo; splash pad equipment; soccer fields; use of lawn chairs; artificial turf, maintenance for payers; pickleball; trees; photometric and noise studies; impacts to nearby homes; dog accessibility; safety officer presence; retaining conditions; grade transitions; and barbecue grills.
The City Council deliberated.
CONSENSUS
By consensus, the City Council approved the refinements to the Parnell Park Renovation and Improvement project recommended by the Parnell Park Ad Hoc Committee. The question was called and the motion carried unanimously.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes February 28, 2023 Page 10 of 10
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner congratulated the Chamber for hosting the Silver Shield Awards Ceremony and thanked the Whittier Police Department, the sponsors, and members of the community that attended the event.
Council Member Martinez congratulated the Chamber for hosting the Silver Shield Awards Ceremony; and thanked the students from California High School for attending the meeting.
Council Member Dutra thanked staff and the Parnell Park Renovation Ad Hoc Committee for their hard work; discussed attending the Silver Shield Awards Ceremony and visiting Bricks and Minifigs.
Mayor Pro Tern Martinez thanked the students from California High School for attending the meeting and staff for their hard work.
Mayor Vinatieri discussed youth sports; thanked the Chamber for hosting the Silver Shield Awards Ceremony; and indicated he had a meeting with the Santa Fe Springs Council Members on the Policing Contract Review Ad Hoc Committee.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 9:29 p.m.