MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
MAY 9, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on May 9, 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 28 and April II, 2023 Closed Session Minutes
3.B. Conference with Legal -Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(e)(2):
One Case
3.C. 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.D. Conference with Real Property Negotiators to Government Code Section 54956.8
Property: 13024 Walnut Street
City Negotiator: Brian Saeki
Property Negotiator: Madonna Adams
Under Negotiation: Price and Terms.
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:30 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
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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
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
Vicki Smith, Deputy Director of Public Works
6. PLEDGE OF ALLEGIANCE
Council Member J. Martinez led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
City Attorney Jones indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Proclamation — Public Works Week May 21 — May 27
Director Cason discussed the impacts of the Public Works staff throughout the City and highlighted some activities taking place to celebrate their hard work.
Mayor Vinatieri read a proclamation in honor of Public Works Week.
9. APPROVAL OF AGENDA
MOTION
Mayor Pro Tern Dutra moved and Council Member 0. 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; Paul White; Monique; Juliana Ruiz; Brooklyn Garcia; Samuel Ruiz; Anthony Velasquez; Glen Costello; Gabriel Uribe; Christian Israelian; Ralph Ruedas; Nicole Ortiz; Monique Moncayo; Graciela Ferrada; Isaiah Leslie Leon Savage; and Stephanie Vallejo.
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The following individuals provided teleconference public comments:
G.W.; Anna Gomez; and Anna Para.
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 indicated he spoke with Monique from the Whittier Girls Softball team to discuss the issue of getting their own field and recognized Director Santana, her staff, and the Whittier Library Foundation for hosting a successful Dancing with the Whittier Stars Event.
Mayor Vinatieri asked the audience to raise their hands if they were there in support of Whittier Girls Softball team, and 12 individuals raised their hands.
12. JOINT CONSENT CALENDAR
Council Member Warner pulled Item 12.1. for individual consideration.
Mayor Vinatieri pulled Item 12.H. for individual consideration.
MOTION
Mayor Pro Tern Dutra moved and Council Member J. Martinez seconded a motion to approve the Consent Calendar with the exception of Items 12.H. and I. 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 April 11, 2023 Regular and Special Meeting Mutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Thomas Booth and Christine Lee.
12.D. Tentative Parcel Map No. TPM22-0003 (TPM No. 083714) 10254 Beverly Boulevard (A.I.N. 8129-006-007)
Recommendation: Receive and file the Planning Commission action approving Tentative Parcel Map No. TPM22-0003 (TPM No. 083714), an application to subdivide one lot into three parcels.
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12.E. Workers’ Compensation and General Liability Administration Services Recommendation: Approve the agreement renewal for Workers’ Compensation and General Liability administration services with Keenan & Associates and adopt Resolution No. 2023-34 amending the Fiscal Year 2022-23 to appropriate additional funds for Worker’s Compensation and General Liability provisional services.
12.F. Whittier COVID-19 Non-Profit Recovery Grant Program Recommendation: Approve the Fiscal Year 2022-23 distribution of Whittier COVID-19 Non-Profit Recovery Grant funds in the amount of $250,000 as recommended by the Social Services Commission.
12.G. Replacement of Aerial Lift Trucks
Recommendation:
1) Authorize the purchase of a replacement brush and tree maintenance aerial lift truck from Terex Utilities, of Fontana, California, for $453,997. 2) Authorize the purchase of two replacement street signal maintenance aerial lift trucks from Terex Utilities, of Fontana, California, for $287,945 each.
3) Adopt Resolution No. 2023-35 amending the Fiscal Year 2022-2023 Budget to appropriate additional funds from the mobile equipment replacement fund to fully fund two aerial lift truck purchases and to fund a third aerial lift truck purchase.
12.J. Request for Proposals for Engineering Services to Investigate and Develop a Citywide Fiber Optic Master Plan
Recommendation: Approve the City’s release of a Request for Proposals (RFP) for Engineering Services to Investigate and Develop a Citywide Fiber Optic Master Plan.
The following item was pulled for individual consideration:
Council Member Warner indicated she would recuse herself from Item 12.H. since she has a conflict of interest due to owning property within a 1000 feet of Mills Avenue.
Mayor Pro Tem Dutra indicated he would recuse himself from Item 12.H. since he has a conflict of interest due to owning property within 1000 feet of the project.
12.H. Road Maintenance and Rehabilitation Program (RMRA or SB-I) Fiscal Year 2023-24 Funding Resolution
Recommendation: Adopt Resolution No. 2023-36 approving the proposed project in Fiscal Year 2023-24 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 for the streets at Calmada Avenue, Mills Avenue, and Scott Avenue between Whittier Boulevard and Lambert Road.
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Director Cason presented the report and answered a question regarding the criteria for roads selected for paving projects.
MOTION
Council Member J. Martinez moved and Council Member 0. Martinez seconded a motion to adopt Resolution No. 2023-36 approving the proposed project in Fiscal Year 2023-24 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 for the streets at Calmada Avenue, Mills Avenue, and Scott Avenue between Whittier Boulevard and Lambert Road. The question was called and the motion carried 3-0-2.
12.1. SB 1383 Compliance Payment to Republic Services
Recommendation: Receive and file the report regarding the funding of the SB 1383 compliance charge from Republic.
MOTION
Council Member 0. Martinez moved and Mayor Pro Tern Dutra seconded a motion to receive and file the report regarding the funding of the SB 1383 compliance charge from Republic. The question was called and the motion carried 4-1, Council Member Warner dissenting.
13. PUBLIC HEARINGS
13.A. HUD Fiscal Year 2023-24 Action Plan
Recommendation: Conduct a public hearing to consider public testimony on the U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2023-24 Action Plan (Plan) and direct staff to finalize and submit the Plan to HUD.
Director Pongetti presented the report. City Manager Saeki and Director Pongetti answered questions regarding applications for rehabilitation projects; eligibility of funding for Accessory Dwelling Units (ADU); gap financing; funds appropriated for Whittier First Day; and residency requirements for First Day services.
Mayor Vinatieri opened the public hearing at 7:44 p.m.
The following individuals provided live public comments:
David Barboza; Christian lsraelian; and Jennifer Sarabia.
G.W. 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 at 8:04 p.m.
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City Manager Saeki and Director Pongetti answered questions regarding eligible uses of Community Development Block Grant (CDBG) funds; funding for Code Enforcement and Graffiti abatement; carryovers of HOME funds and deadlines for spending the funds; and the appropriated funding for First Day.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member 0. Martinez seconded a motion to direct staff to finalize and submit an amended Plan to HUD, amending
Navigation Center for an amount of $8,250. The question was called and the motion carried unanimously.
RECESS
Mayor Vinatieri called a recess at 8:15 p.m. The meeting reconvened at 8:30 p.m. with all Council Member present.
14. STAFF REPORTS
City Attorney Jones indicated that the City Attorney’s office has contacted the Fair Political Practices Commission (FPPC) twice regarding a potential conflict of interest for Council Member Warner, and in both instances, the FPPC indicated there was no legal conflict of interest.
Council Member Warner provided statements on not having a conflict of interest with the Solid Franchise Agreement discussion.
Mayor Pro Tem Dutra asked City Attorney Jones to opine whether he had a conflict of interest. City Attorney Jones indicated that since Mayor Pro Tern Dutra had received a campaign contribution prior to December 31, 2022, he did not have a legal conflict of interest.
14.A. Solid Waste and Recycling Services Franchise Agreement Recommendation: Provide direction to staff on the preparation of a new Solid Waste and Recycling Services Franchise Agreement in anticipation of the expiration of the existing franchise agreements on October 31, 2025.
Director Cason presented the report. City Manager Saeki, City Attorney Jones, Director Cason, and Deputy Director Smith answered questions regarding the previous Request for Proposals issued for trash hauling services; potential new trash hauling companies; advantages for the city’s current trash haulers; the ability to negotiate franchise agreement per the Municipal Code and the City Charter; parity clauses; commercial and residential trash hauling; and other cities with multiple trash haulers.
The City Council deliberated the following options:
1. Extend Current Agreements.
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2. Issue a Request for Proposals.
3. Negotiate with one of more haulers.
MOTION
Council Member 0. Martinez moved and Mayor Pro Tern Dutra seconded a motion to direct staff to proceed with Option 3, negotiations with one or more trash haulers. The question was called and the motion carried 3-2, Mayor Vinatieri and Council Member J. Martinez dissenting.
14.B. Education Liaison Ad Hoc Committee
Recommendation: Determine whether to establish the Education Liaison Ad Hoc Committee, and if appropriate appoint two Council Members to serve on the ad hoc committee.
City Clerk Garcia presented the report. City Manager Saeki answered a question regarding the potential scope of work.
The City Council deliberated.
ORDER OF THE CHAIR
By order of the chair, this item was removed from the Agenda.
Mayor Vinatieri recused himself from the item due to a conflict of interest and exited the room. Mayor Pro Tern Dutra presided over the meeting.
14.C. Greenleaf Promenade
Recommendation: Provide direction on design related items for the Greenleaf Streetscape Plan.
Director Cason presented the report, and the City Council considered the following discussion points:
Small Pocket Park
Director Cason answered questions regarding the size and location of the lot.
CONSENSUS
By consensus, the City Council directed Staff to move forward with a small pocket park.
Street Lighting Fixture Options
Director Cason answered questions regarding the Department of Interior standards and the design option recommended by SWA Group.
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CONSENSUS
By consensus, the City Council directed Staff to move forward with the Ligman ULI 21172 streetlight option.
Modular Tenant Structures
City Manager Saeki and Director Cason answered questions regarding input from the Uptown Whittier Improvement Association and Whittier Uptown Association; the branding consultant’s recommendations; and lighting options for the umbrellas.
CONSENSUS
By consensus, the City Council directed staff to allow overhead structures and to have colors and signage be controlled by the City, as selected by the City’s branding agency.
Bollards
City Manager Saeki and Director Cason answered questions regarding the option for ambient music and previous support for the overhead structures.
CONSENSUS
By consensus, the City Council directed staff to move forward with the removable bollards and the overhead structure.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner discussed attending the Whittier Dancing with the Stars Events and the Tn-Cities ROP Evening of Excellence event.
Council Member J. Martinez discussed National Police Week.
Mayor Pro Tem Dutra discussed attending the Whittier Museum’s Tea Event.
16. ADJOURNMENT
Mayor Pro Tern Dutra adjourned the meeting at 10:22 p.m.
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