MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
WHITTIER HOUSING AUTHORITY
WHITTIER PUBLIC FINANCING AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
JUNE 27, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on June 27, 2023. Mayor Pro Tern Dutra 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
3. CLOSED SESSION
3.A. Approval of Minutes - Closed Session
Approve the May 23, and May 25, 2023 Closed Session Minutes.
3.B. Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Agency Negotiator: Brian Saeki
Represented and Unrepresented Employees: Whittier City Employees’ Association, Whittier Police Officers’ Association, Whittier Police Management Association, and unrepresented employees
3.C. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
City of Whittier v. 3M Company, et al. Case No. 225TCV06931
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. 225TCP03523
3.E. Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1)
Title: City Attorney
4. CALL TO ORDER - REGULAR SESSION
Mayor Pro Tem Dutra called the Regular Session to order at 6:32 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602 Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes Whittier Housing Authority/Public Financing Authority June 27, 2023 Page 2 of 11
5. ROLL CALL
PRESENT:
Fernando Dutra, Mayor Pro Tern
Cathy Warner, Council Member
Octavio Martinez, Council Member
Jessica Martinez, Council Member
ABSENT
Joseph A. Vinatieri, Mayor
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
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
Alice Hui, Director of Finance
6. PLEDGE OF ALLEGIANCE
Carol Crosby led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
City Attorney Jones indicated that there was nothing to report out of Closed Session.
8. PRESENTATIONS
BA. Recognition of Carol Crosby -Whittier Chamber of Commerce Mayor Pro Tern Dutra read a statement about Carol Crosby’s contributions to the Whittier community and her accomplishments.
The City Council offered personal anecdotes and thanked Ms. Crosby for her service.
City Manager Saeki thanked Ms. Crosby for her service and wished her a happy retirement.
Mayor Vinatieri via teleconference thanked Ms. Crosby for her service to the City of Whittier and her friendship.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes Whittier Housing Authority/Public Financing Authority June 27, 2023 Page 3 of 11 Gregg Durkee, Chairman of the Board for the Chamber of Commerce, thanked Ms. Crosby for her hard work.
Jeffrey Prang, County Assessor, and Ivan Sulic, from Supervisor Janice Hahn’s Office, presented Ms. Crosby with proclamations.
Rob Reggio, Ms. Crosby’s husband, spoke about her dedication.
Ms. Crosby thanked everyone for the recognition and for their support.
8.B. Parks Make Life Better!® Month
Director Santana discussed the activities of the Parks and Recreation Department and invited residents to complete the Parks Master Plan survey.
The City Council discussed their experiences at Whittier Parks.
Mayor Pro Tem Dutra provided a proclamation in honor of Parks Make Life Better! Month.
9. APPROVAL OF AGENDA
City Manager Saeki requested Item No. 12.S. be removed from the Agenda since the vehicles had been sold.
MOTION
Council Member 0. Martinez moved and Council Member Warner seconded a motion to approve the Agenda, with the exception of Item I 2.S. The motion carried unanimously.
10. PUBLIC COMMENTS
Mayor Pro Tern Dutra 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; Gregg Durkee; Raymond; Fernando Lopez; Christian lsraelian; Tim Nally; and Virginia Ball.
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.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes Whittier Housing Authority/Public Financing Authority June 27, 2023 Page 4 of 11
11. CITY MANAGER REPORT
City Manager Saeki provided the following updates:
1. Concerts at the Park are held on Mondays at Central Park and Thursdays at Parnell Park.
2. Movies in the Park are shown on monthly on select Saturdays through October. Residents can check the City’s website for more information.
3. The Whittier Uptown Association sponsors a night market on Wednesdays.
4. The Greenway Trail ribbon cutting on Lambert and First Ave will take place on August 18, 2023.
12. JOINT CONSENT CALENDAR
MOTION
Council Member Warner and Council Member J. Martinez seconded a motion to approve the Consent Calendar, noting the removal of Item 12.S. 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 May 23, 2023 Special and Regular Meeting Minutes and the May 25, 2023 Special Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by DiAnna TorresMusacco, State Farm for Cindy A. Lee, Jerry James Jr., and Carlos Serrano.
12.D. 2023-24 Whittier Area Chamber of Commerce Agreement Recommendation: Authorize the City Manager to execute an agreement with the Whittier Area Chamber of Commerce for the period of July 1, 2023, to June 30, 2024, in the amount of $82,500 for comprehensive advertising, publicity, and promotion for and on behalf of the City.
12.E. Anaconda Street Productions Agreement 2023-24
Recommendation: Authorize the City Manager to execute a Professional Services Agreement for supplemental media support between the City of Whittier and Anaconda Street Productions not exceeding $36,000 dollars to enhance public information efforts.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes Whittier Housing Authority/Public Financing Authority June 27, 2023 Page 5 of 11
12.F. City Net Agreement Amendment No. 4 and Salvation Army Agreement Amendment No. 2
Recommendation: Authorize the City Manager to sign an agreement with City Net in substantial conformance with the provided agreement in the amount of $550,251.20 and an amendment to the agreement with The Salvation Army in substantial conformance with the attached agreement in the amount of $65,653 to provide for 7-day-a week outreach services and Navigation Center intake services.
I 2.G. Whittier Well-Being Initiative - Monthly Update
Recommendation: Receive and file the monthly status report on the Whittier Well-Being Initiative.
12.H. Washington Boulevard Coalition - Public Information Agreement Recommendation: Authorize the City Manager to sign an agreement with VMAfor public information on behalf of the Washington Boulevard Coalition, and approve an expenditure of $75,000 with VMA Communications, Inc. to be reimbursed by Coalition members.
12.1. Second Reading of Ordinance No. 3148 - Art in Public Places Committee Membership
Recommendation: Conduct the second reading and adopt Ordinance No. 3148, amending Chapter 2.38 of the Municipal Code to change the membership size to five members for the Art In Public Places Committee.
12.J. Historic Resources Fee Waiver
Recommendation: Receive and file a report on Historic Resources application submittals for the Fiscal Year 2023-24 with fee waivers and adopt Resolution No. 2023-44 amending Resolution No. 8865 to temporarily suspend and waive fees for certain application services related to Historic Resources effective through June 30, 2024.
12.K. Marketplace Disposition and Development Agreement (DDA) Reimbursement
Recommendation: Approve the July through December 2022
reimbursement to Whittier Marketplace, Inc. of the 2021-22 debt service payment on the Community Facilities District 1989-1 bonds in the amount of $253,140, pursuant to the DDA.
12.L. Whitiwood Town Center Reimbursement
Recommendation: Approve $298,962 in property tax increment and sales tax reimbursement to Whittwood 1768 Inc. pursuant to the Owner Participation Agreement for the Whittwood Town Center.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes Whittier Housing Authority/Public Financing Authority June 27, 2023 Page 6 of 11
12.M. Fiscal Year 2023-24 Investment Policy
Recommendation: Approve the proposed Fiscal Year 2023-24 Investment Policy.
12.N. 23-010 Well 8 Rehabilitation, Liner and Pump Project — Notice Inviting Bids
Recommendation: Authorize the Secretary to re-advertise the Well 8 Rehabilitation, Liner and Pump project for bids.
12.0. Agreement for Contract Services with Graffiti Protective Coatings Recommendation: Approve and authorize the City Manager to sign the Agreement for Contract Services with Graffiti Protective Coatings for a not to exceed amount of $521,020 for graffiti removal services and adopt Resolution No. 2023-45 amending the Fiscal Year 2022-2023 budget in the amount of $269,730 to fund the contract amendment.
12.P. Final Parcel Map 83802 (SB 9) — 7731 Friends Avenue Recommendation: Approve Final Parcel Map No. 83802 in substantial conformance and authorize the City Clerk and City Engineer to sign on behalf of the City.
12.Q. Metro Hot Spots: Whittier Boulevard at Santa Fe Springs Road Intersection Improvement Project — Notice Inviting Bids and Construction Management Services Agreement — Award of Contract Recommendation:
1) Authorize the City Manager to execute a Professional Services Agreement with Fountainhead Consulting Corporation (Fountainhead) to provide Construction Management Services for the Metro Hot Spots - Whittier Boulevard at Santa Fe Springs Road Intersection Improvement Project in the amount of $679,129; and
2) Authorize the City Clerk to re-advertise the Project for construction bids.
12.R. Professional Services Agreement with Aquatic Informatics Recommendation: Approve and authorize the City Manager to execute a professional services agreement with Aquatic Informatics Inc. for a not to exceed amount of $46,875 to expand the City’s asset management system to include Street Division asset types such as sidewalks and streets.
12.T. Renovation of the Whittier Greenway Trail Bridge on Norwalk Boulevard - Notice of Completion
Recommendation: Accept the work performed by Techno Coatings, Inc. for the Renovation of the Whittier Greenway Trail Bridge on Norwalk Boulevard Project and authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes Whittier Housing Authority/Public Financing Authority June 27, 2023 Page 7 of 11 This item was removed from the Agenda.
12.S. Replacement of City Trucks
Recommendation: Authorize the purchase of two trucks from National Auto Fleet Group, Watsonville, California, for $76,226.
13. PUBLIC HEARINGS
13.A. Development Agreement for Already-Approved Project — 52-Unit, Multi-Family Residential Project 12826 Philadelphia Street (The Comstock) Development Review No. DRP2I-0078; Specific Plan Amendment No. SPA2I-0001; and Tentative Parcel Map No. TPM22- 0004 (TPM 83775)
Recommendation: Conduct the first reading for Ordinance No. 3149, approving Development Agreement DA23-0001 for property located at 12826 Philadelphia Street, also known as The Comstock Project and finding compliance with the California Environmental Quality Act.
The Project was previously approved by the City Council and an environmental review was certified by the City with a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act (“CEQA”).
Director Pongetti presented the report.
Matt Waken, the applicant, thanked City Staff and the City Council for their hard work on the development agreement.
Mayor Pro Tern Dutra opened the public hearing.
Christian lsraelian provided live public comment.
D.K. and Susan Cameron provided 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.
Mayor Pro Tern Dutra closed the public hearing.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes Whittier Housing Authority/Public Financing Authority June 27, 2023 Page 8 of 11 MOTION
Council Member Warner moved and Council Member J. Martinez seconded a motion to conduct the first reading for Ordinance No. 3149, approving Development Agreement DA23-0001 for property located at 12826 Philadelphia Street, also known as The Comstock Project and finding compliance with the California Environmental Quality Act. The question was called and the motion carried unanimously.
13.B. Adoption of the City Fiscal Year 2023-24 Budget
Recommendation: Adopt Resolution No. 2023-46 approving a budget for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024; and Adopt Resolution No. 2023-47 approving and adopting the Annual Appropriations Limit for Fiscal Year 2023-24.
Adoption of the Whittier Housing Authority Fiscal Year 2023-24 Budget Recommendation: Adopt Resolution No. WHA-2023-01 approving the Whittier Housing Authority budget for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.
Adoption of Whittier Utility Authority Fiscal Year 2023-24 Budget Recommendation: Adopt Resolution No. WUA-2023-02 approving the budget for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024
Director Hui presented the report. City Manager Saeki and Director Hui answered questions regarding funding for Fire Department services and the cost for police services for Santa Fe Springs.
Mayor Pro Tem Dutra opened the public hearing.
Christian lsraelian provided a live public comment.
Susan Cameron 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 Pro Tem Dutra closed the public hearing.
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Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes Whittier Housing Authority/Public Financing Authority June 27, 2023 Page 9 of 11 MOTION
Council Member 0. Martinez moved and Council Member Warner seconded a motion to adopt Resolution No. 2023-46 approving a budget for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024; and Adopt Resolution No. 2023-47 approving and adopting the Annual Appropriations Limit for Fiscal Year 2023-24; adopt Resolution No. WHA-2023-01 approving the Whittier Housing Authority budget for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024; and adopt Resolution No. WUA-2023-02 approving the budget for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024. The question was called and the motion carried 3-0, Council Member J. Martinez absent. ‘13.C. Lighting Assessment District No. 01-91 (Foxley Drive) Recommendation: Conduct a public hearing for the levy and collection of assessments for the Foxley Drive Street Lighting Assessment District No. 01-91 and adopt Resolution No. 2023-48 confirming the assessment and diagram including approving the Engineer’s Report for Fiscal Year 2023-24 for Foxley Drive Street Lighting Assessment District No. 01-91.
Director Cason presented the report.
Mayor Pro Tern Dutra opened the public hearing.
There were no public comments for this item.
Mayor Pro Tern Dutra closed the public hearing.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member 0. Martinez seconded a motion to conduct a public hearing for the levy and collection of assessments for the Foxley Drive Street Lighting Assessment District No. 01-91 and adopt Resolution No. 2023-48 confirming the assessment and diagram including approving the Engineer’s Report for Fiscal Year 2023-24 for Foxley Drive Street Lighting Assessment District No. 01-91. The question was called and the motion carried 3-0, Council Member J. Martinez absent.
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes Whittier Housing Authority/Public Financing Authority June 27, 2023 Page 10 of 11
13.D. Parking District No. I — Fiscal Year 2023-24 Budget Recommendation: Approve the Fiscal Year 2023-24 Budget for Parking District No. I and adopt Resolution No. 2023-49 confirming the City assessment for Fiscal Year 2023-24 for Parking District No. I (Multi-Deck).
Parking District No. 2— Fiscal Year 2023-24 Budget
Recommendation: Approve the Fiscal Year 2023-24 Budget for Parking District No. 2 and adopt Resolution No. 2023-50 confirming the City assessment for Fiscal Year 2023-24 for Parking District No. 2 and ordering assessments to be levied for Parking District No. 2.
Director Cason presented the report and answered questions regarding Mayor Pro Tern Dutra opened the public hearing.
There were no public comments.
Mayor Pro Tern Dutra closed the public hearing.
MOTION
Council Member 0. Martinez moved and Council Member J. Martinez seconded a motion to approve the Fiscal Year 2023-24 Budget for Parking District No. I and adopt Resolution No. 2023-49 confirming the City assessment for Fiscal Year 2023-24 for Parking District No. I (Multi-Deck); and approve the Fiscal Year 2023- 24 Budget for Parking District No. 2 and adopt Resolution No. 2023-50 confirming the City assessment for Fiscal Year 2023-24 for Parking District No. 2 and ordering assessments to be levied for Parking District No. 2. The question was called and the motion carried unanimously.
14. STAFF REPORTS
14.A. WCEAIWPOAIWPMA Memorandum of Understanding 2023-2026, Fiscal Year 2023-24 Revised Salary Resolution, Management Benefits Resolution, and Personnel Rules and Regulations
Recommendation:
1) Approve the Memorandum of Understanding (MOU) with the Whittier City Employees Association (WCEA) for the period of July 1, 2023 through June 30, 2026;
2) Approve the Memorandum of Understanding (MOU) with the Whittier Police Officers Association (WPOA) for the period of July 1, 2023 through June 30, 2026;
3) Approve the Memorandum of Understanding (MOU) with the Whittier Police Management Association (WPMA) for the period of July 1, 2023 through June 30, 2026;
4) Approve benefit and salary adjustment for Miscellaneous Unrepresented Management and Confidential employees;
5) Adopt Resolution No. 2023-51 adopting the 2023-24 Salary Resolution and rescinding Resolution No. 2023-09;
Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes Whittier Housing Authority/Public Financing Authority June 27, 2023 Page 11 of 11 6) Adopt Resolution No. 2023-52 adopting the Management Benefits Resolution and rescinding Resolution No. 2022-30; and
7) Approve Personnel Rules and Regulations.
City Clerk Garcia provided the salary range disclosure.
MOTION
Council Member Warner moved and Council Member J. Martinez seconded a motion to approve the Memorandum of Understanding (MOU) with the Whittier City Employees Association (WCEA) for the period of July 1, 2023 through June 30, 2026; approve the Memorandum of Understanding (MOU) with the Whittier Police Officers Association (WPOA) for the period of July 1, 2023 through June 30, 2026; approve the Memorandum of Understanding (MOU) with the Whittier Police Management Association (WPMA) for the period of July 1, 2023 through June 30, 2026; approve benefit and salary adjustment for Miscellaneous Unrepresented Management and Confidential employees; adopt Resolution No. 2023-51 adopting the 2023-24 Salary Resolution and rescinding Resolution No. 2023-09; adopt Resolution No. 2023-52 adopting the Management Benefits Resolution and rescinding Resolution No. 2022-30; and approve Personnel Rules and Regulations. The question was called and the motion carried unanimously.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner discussed the hard work involved in the labor negotiations and the difficulty of recruiting and retaining employees; indicated she attended a fundraising event for the Women & Children’s Crisis Shelter, the Hispanic Outreach TaskForce Backpack giveaway event, and the Concerts in the Park event; wished everyone a happy Fourth of July; and invited residents to attend the Fourth of July firework event at York Field.
Council Member 0. Martinez encouraged residents to pick up their free flags from the Community Center and City Hall.
Council Member J. Martinez wished Carol Crosby a happy retirement; and invited residents to attend the Fourth of July firework event at York Field.
Mayor Pro Tern Dutra wished everyone a safe and fun Fourth of July.
16. ADJOURNMENT
Mayor Pro Tern Dutra adjourned the meeting at 8:11 p.m.
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