MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
APRIL 11, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on April II, 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 March 14, 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)
Open Space Legal Defense Fund et al. v. City of Whittier et al. Court Case No. BS128995
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3.E. 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 Greenleaf Ave
8139-015-901, 6726 Greenleaf Ave
City Negotiator: Brian Saeki, City Manager
Property Negotiator: Brian Saeki, Executive Director
Under Negotiation: Price and Terms.
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:31 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 Tem
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
Virginia Santana, Director of Parks, Recreation and Community Services
Paymaneh Maghsoudi, Director of Library Services Li
Jacqueline Sanchez, Library Services Manager
Kyle Cason, Director of Public Works
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6. PLEDGE OF ALLEGIANCE
Mayor Pro Tern 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 be returning later in the evening.
8. PRESENTATIONS
8.A. Students in Government Day
Director Santana described the Students in Government Day activities, introduced the mock Mayor, and presented the students with certificates.
The City Council thanked the students for participating in the event and congratulated them on their work.
8.B. Proclamation - National Donate Life Month
Roslyn Rivera, OneLegacy Ambassador, described the importance of organ and tissue donation and invited everyone to the 5k Run/Walk event on April 29, 2023, at Azusa Pacific University.
Mayor Vinatieri presented Ms. Rivera with a proclamation in honor of National Donate Life Month.
8.C. Proclamation - National Library Week -April 23-29
Director Maghsoudi introduced Manager Sanchez, who discussed the history and importance of National Library Week.
Mayor Vinatieri presented Director Paymaneh and her staff with a proclamation in honor of National Library Week.
8.D. Employee of the Quarter - Darren Schmidt
Director Santana discussed Manager Schmidt’s ties and contributions to the Whittier community.
Mayor Vinatieri read and presented Manager Schmidt with a Certificate of Commendation.
Manager Schmidt thanked his staff for their hard work.
The City Council congratulated and thanked Manager Schmidt.
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9. APPROVAL OF AGENDA
City Manager Saeki requested the City Council add Item 3.F. to the Closed Session Agenda since there is an immediate and urgent need to take action on item. The proposed title is 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, Case No. 19STCV41720.
The findings are that on April 11, 2023, the Judge ordered both parties to meet and confer on decision points. The deadline for direction is due before the next time the City Council meets. A super-majority (4/5 vote) would be required to agendize the item.
MOTION
Council Member Warner moved and Council Member Dutra seconded a motion to add Item 3.F. to the Closed Session Agenda. The question was called and the motion carried unanimously.
MOTION
Council Member Dutra moved and Council Member 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:
Maggie Moe; Daniel Ibarra; Edgar Tolentino; Bridget Bally; Tom Vogel; Jose Amador; Rose Marie Royball; Perry Morales; Patty Hill; Elizabeth Power Robison; Andy Wallace; Nicole Ortiz; Christian lsraelian; Andrew Mendez; and Isaiah Leslie Leon Savage.
Mayor Vinatieri asked members of the audience to raise their hands if they were attending the Council Meeting in regard to Whittier College. Approximately 20 individuals raised their hands.
There were no teleconference 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.
11. CITY MANAGER REPORT
City Manager Saeki provided the following updates:
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1. California High School students and Staff participated in Students in Government Day at Whittier City Hall. City Manager Saeki congratulated the students for participating in the event.
2. City Manager Saeki congratulated Darren Schmidt for being recognized as the Employee of the Quarter.
3. City Staff has been receiving comments and concerns surrounding Whittier College but indicated that the City has no control over the happenings at Whittier College.
12. JOINT CONSENT CALENDAR
MOTION
Council Member Dutra and Mayor Pro Tem Martinez seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously on all items except 12.E., which carried 4-1, Mayor Vinatieri dissenting.
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 March 14, 2023 Special and Regular City Council Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Jesus Muniz, Jonathan Vela, Sucely Villeda Connie Davidson, Mercury Insurance ASO Miguel Ramos, Joyce Thomsen, and Martha And a.
12.D. Conflict of Interest Code and Ethics Training Biennial Review Recommendation: Adopt Resolution No. 2023-26, establishing a conflict of interest code, designating local agency officials required to comply with ethics training under Assembly Bill 1234 and rescinding Resolution No. 2021-31.
12.E. Second Reading of Ordinance No. 3146 — District Boundary Lines Recommendation: Conduct the second reading and adopt Ordinance No. 3146, establishing district boundary lines for by-district election of Council Members resulting from the 2020 US Census redistricting process.
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12.F. Second Reading of Ordinance No. 3147—Accessory Dwelling Unit and Junior Accessory Dwelling Unit Ordinance Zoning Code Amendment No. ZCA22-0002 and CEQA exemption
Recommendation: Conduct the second reading and adopt Ordinance No. 3147, approving Zoning Code Amendment No. ZCA22-0002 to amend the Whittier Municipal Code to be consistent with new State laws regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), And to find such amendments to be statutorily and categorically exempt from the California Environmental Quality Act.
12.G. California State Library Grant
Recommendation: Adopt Resolution No. 2023-27, amending the Fiscal Year 2022-23 Budget to accept a grant from the California State Library in an amount of $10,638 for Library services and programs.
12.H. Federal Transportation Administration Title VI Program Plan Recommendation: Adopt Resolution No. 2023-28 approving the City’s Title VI Program Plan Update and authorize the City Manager to execute the Title VI Program Plan Update.
12.1. 22-002 La Serna Drive North of Whittier Boulevard Rehabilitation Project — Notice Inviting Bids
Recommendation:
1) Find the project is categorically exempt pursuant to Section 15301, Class 1(c) — Existing Facilities - of California Environmental Quality Act guidelines;
2) Approve Plans and Specifications for 22-002 La Serna Drive North of Whittier Boulevard Rehabilitation Project; and
3) Authorize the City Clerk to advertise for construction bids.
12.J. 23-010 Well 8 Rehabilitation, Liner and Pump 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 Specifications for Well 8 Rehabilitation, Liner and Pump Project; and
3) Authorize the Secretary to advertise the project for bids.
12.K. Palm Avenue from Whittier Boulevard to Broadway — Speed Humps Recommendation: Approve the Parking and Transportation Commission’s recommendation for the installation of speed humps on Palm Avenue from Whittier Boulevard to Broadway.
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12.L. Water and Sewer Comprehensive Cost of Service Rate StudyProfessional Services Agreement -Award of Contract Recommendation: Approve and authorize the Executive Director to execute a Professional Services Agreement with Raftelis to provide a Comprehensive Cost of Service Water and Sewer Rate Study for a fee not to exceed $82,466.
13. PUBLIC HEARINGS
13.A. Second Reading of Ordinance No. 3140 — Republic Services Amendment No. 2
Recommendation: Consider public testimony at the public hearing and conduct second reading and adopt Ordinance No. 3140, 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 Consolidated Disposal Service L.L.C. (dba Republic Services) (A17-162) adopted by Ordinance No. 3077.
Director Cason presented the report. City Manager Saeki, City Attorney Jones, and Director Cason answered questions regarding a peer reviewed process for negotiations; discrepancies in fees between the City’s two trash haulers; consequences for failing to comply with SB 1383 regulations; liquidated damages; customer service concerns; and the terms and conditions under Section 4.04.2 of the original agreement related to Optional Residential Food Waste Diversion Program.
Mayor Vinatieri opened the public hearing.
City Clerk Garcia indicated City Staff received four (4) emails on this item that were forwarded to the City Council.
Christian lsraelian provided a live public comment.
Ana Parra 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.
City Manager Saeki, City Attorney Jones, and Director Cason answered questions regarding enforcement fees; alternative options in lieu of approving the ordinance; requirements for an amendment; equity practices in the city; public safety concerns; cost of hiring a police officer; tipping fees at the Landfill; and nearby cities’ experiences with implementing SB 1383.
Mayor Vinatieri closed the public hearing.
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n
City Council deliberated.
MOTION
Council Member Martinez and Mayor Pro Tern Martinez seconded a motion to conduct second reading and adopt Ordinance No. 3140, 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 Consolidated Disposal Service L.L.C. (dba Republic Services) (A17-162) adopted by Ordinance No. 3077. The question was called and the motion carried 4-1, Council Member Warner dissenting.
CONSENSUS
By consensus, the City Council directed staff to review options for one trash hauler.
14. STAFF REPORTS
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner discussed attending the Chamber of Commerce’s installation event and thanked those who previously served and congratulated the new board members.
Council Member Martinez discussed the hard work of staff and reminded residents to express their gratitude.
Council Member Dutra encouraged residents who need legal assistance to attend the Whittier Legal Fair on May 20, 2023 at the Whittier Central Library; thanked Staff for organizing the Eggstravaganza; and invited residents to attend the Gala event at PIH Saturday, April 15, 2023.
Mayor Pro Tern Martinez indicated she attended the Eggstravaganza event; and thanked the students from California High School for their participation in the Students in Government Day event.
Mayor Vinatieri discussed the Eggstravaganza event and the Mayor’s Prayer Breakfast.
16. ADJOURNMENT
City Council returned to Closed Session. City Clerk Garcia indicated there was nothing to report out of Closed Session and the meeting was adjourned at 8:39 p.m.