MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
AUGUST 8, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on August 8, 2023. Mayor Vinatieri called the meeting to order at 6:12 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, California.
2. PUBLIC COMMENT ON CLOSED SESSION
None.
3. CLOSED SESSION
3.A. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Julie Marie Heye v. City of Whittier, Court Case No. 20STCV06298
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:35 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
Fernando Dutra, Mayor Pro Tem
Cathy Warner, Council Member
Octavio Martinez, Council Member
Jessica Martinez, Council Member
STAFF PRESENT:
Brian Saeki, City Manager
Keith Collins, Assistant City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia Jr., City Clerk
Paymaneh Maghsoudi, Director of Library Services
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
Vicki Smith, Deputy Director of Public Works
6. PLEDGE OF ALLEGIANCE
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Mayor Pro Tern Dutra led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
Assistant City Attorney Collins indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Friends of the Whittier Public Library Donation
Mayor Vinatieri discussed the Friends of the Library Foundation’s contributions, accepted a donation of $125,000 on behalf of the City of Whittier, and provided the foundation with a proclamation.
Selma Minerd, president of the foundation, and Dolores Avila thanked the volunteers on the foundation.
The City Council thanked the Friends of the Whittier Public Library for their hard work and dedication.
9. APPROVAL OF AGENDA
City Manager Saeki requested Item 12.J. be pulled so that he could provide corrections to the professional services agreement.
MOTION
Council Member Warner moved and Mayor Pro Tern Dutra 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; Fernando Lopez; Chon Cervantes; Abigail Ellis; Leonard Avila; Yizeedl Dorantes; Patricia Lopez; Lori Gibson; Janis Cavanaugh; Jeanne Renner; Cristalisa Rodriguez; Craig Jackson; Javier Bonales; Susan Ayala; Jason Bond; Peter Moore; Ben Read; Binita; Maggie Moe; Nick Donovan; Stephanie Vallejo; and Mario Gras.
The following individuals provided teleconference public comments:
D.K.; Anna Parra; and Patty Ramos.
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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.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present.
11. CITY MANAGER REPORT
City Manager Saeki provided the following updates:
1. The Parks, Recreation and Community Services Department hosted the last concert in the Concerts in the Park series.
2. National Night Out was Thursday, August 3, 2023.
3. The Parks, Recreation and Community Services Department is hosting three more Movies in the Park events through October, with the next being Zootopia Saturday, August 19, 2023 at J.G. Whittier Park.
4. The celebration of the completion of the Greenway Trail East Extension will be on Friday, August 18, 2023 at 9 a.m. on the corner of Lambert Road and First Avenue.
5. City Manager Saeki extended his well-wishes to the officer involved in a shooting and thanked the neighboring law enforcement agencies that assisted the City through this incident.
12. JOINT CONSENT CALENDAR
City Manager Saeki requested Item 12.J. be pulled to provide corrections.
MOTION
Mayor Pro Tern Dutra and Council Member Warner seconded a motion to approve the Consent Calendar, with the exception of Item 12.J. 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 July 11, 2023 Regular City Council Meeting Minutes.
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12.C. Public Records Management System and Database Integration Solution
Recommendation: Authorize the City Manager to execute a professional services agreement with EdgeSoft Incorporated in the amount of $95,500 for one-time implementation costs, and $33,000 in annual subscription costs to implement a Public Records Management System and Simple Permitting Tool, to improve website search functionality, and to build custom Application Programming Interfaces to access data repositories.
12.D. Chicken Koop Restaurant
671 3-6719 Comstock Avenue
Conditional Use Permit No. CUP23-0002
Recommendation: Receive and file Conditional Use Permit No. CUP23- 0002 approved by the Planning Commission under Resolution No. P.C. 2023-08, with conditions of approval, to expand an existing restaurant into adjacent tenant space; and upgrade an existing Type 41 (Beer & Wine) to a Type 47 (general alcohol sales license) located at 671 3-6719 Comstock Avenue.
Environmental Review
The project is categorically exempt from the environmental review process, pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) because the project involves the conversion of an existing tenant space of less than 10,000 square feet and involves minor modifications to the exterior of the existing building.
12.E. Update Governor’s Office of Emergency Services Form 130 Recommendation: Adopt Resolution No. 2023-57 designating authorized agents on the State of California Governor’s Office of Emergency Services Form 130 and authorize the named agents to file appropriate disaster recovery documents.
12.F. Friends of the Whittier Public Library Donation
Recommendation: Adopt Resolution No. 2023-58 amending the Fiscal Year 2023-24 Budget to accept a grant from the Friends of the Whittier Public Library and appropriate $125,000 for Library services and programs.
12.G. Class 4 Stake Bed Dump Body Installation
Recommendation: Authorize the purchase and installation of a stake bed dump truck body from Western Truck Exchange, Los Angeles, CA, in the amount of $43,935 and adopt Resolution No. 2023-59 amending the Fiscal Year 2023-2024 Budget to appropriate an additional $15,000 from the Mobile Equipment Replacement Fund to fully fund the installation of a Class 4 Stake Bed Body.
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12.H. Golden Bell Products Agreement for Sewer Manhole Pest Control Treatment
Recommendation: Authorize the Executive Director to execute a service agreement with Golden Bell Products on behalf of the Whittier Utility Authority (WUA) for sewer manhole pest control treatment in an amount not to exceed $60,000.
12.1. 22-017 Orange Grove & Vicinity Water Main Replacement — Award of Contract
Recommendation:
1) Adopt Resolution No. WUA-2023-04 amending the Fiscal Year 2023-24 Budget in the amount of $178,388 for the Orange Grove Water Main Replacement Project;
2) Award the construction contract to Ramona Inc. in the amount of $4,503,080 for the construction of the Orange Grove & Vicinity Water Main Replacement;
3) Reject all other bids;
4) Authorize the Executive Director to sign the contract on behalf of the Whittier Utility Authority; and
5) Approve $450,308 in contingency funding subject to the approval of the Executive Director.
The following item was pulled to provide corrections to the staff report:
12.J. Santa Gertrudes Avenue Improvements Federal Project No. STPLG 5111(070) -Award of Contract
Recommendation:
1) Adopt Resolution No. 2023-60 amending the Fiscal Year 2023-24 Budget with supplemental appropriation for the Santa Gertrudes Avenue Improvements Federal Project No. STPLG-51 11(070);
2) Award the construction contract to Onyx Paving Company, Inc., Anaheim, California, in the amount of $3,637,000 for the construction of Santa Gertrudes Avenue Improvements Federal Project No. STPLG 5111(070);
3) Reject all other bids;
4) Authorize the City Manager to sign the contract on behalf of the City; and 5) Approve $363,700 in contingency for the Santa Gertrudes Avenue Improvements Federal Project No. STPLG-5111(070) subject to the approval of the City Manager.
City Manager Saeki indicated the working days would be corrected from 200 days to 100 days, and the amount of liquidated damages would be corrected from $6,800 per day to $5,200 per day.
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MOTION
Mayor Pro Tern Dutra moved and Council Member J. Martinez seconded a motion to 1) adopt Resolution No. 2023-60 amending the Fiscal Year 2023-24 Budget with supplemental appropriation for the Santa Gertrudes Avenue Improvements Federal Project No. STPLG-5111(070); 2) award the construction contract to Onyx Paving Company, Inc., Anaheim, California, in the amount of $3,637,000 for the construction of Santa Gertrudes Avenue Improvements Federal Project No.
STPLG-51 11(070); 3) reject all other bids; 4) Authorize the City Manager to sign the contract on behalf of the City with the changes indicated during the oral report; and 5) approve $363,700 in contingency for the Santa Gertrudes Avenue Improvements Federal Project No. STPLG-51 11(070) subject to the approval of the City Manager. The question was called and the motion carried unanimously.
13. PUBLIC HEARINGS
None.
14. STAFF REPORTS
14.A. Best Practices for City’s Regulation of Short-Term Residential Rentals Recommendation: Provide direction regarding specific options regulating short-term residential rentals (STR5) and, if appropriate direct staff to draft an ordinance, incorporating the City Council’s directives.
Council Member Warner indicated she received a contribution of over $250 from a member of the public who spoke on this item. Assistant City Attorney Collins indicated there was no conflict if Council Member Warner participated in the discussion since there were no approvals or decisions required of the City Council.
Director Pongetti presented the report. City Manager Saeki and Director Pongetti answered questions regarding timeframes for permit renewals; fines and penalties; Transient Occupancy tax return dates; enforcement of property owner’s responsiveness to complaints; parking requirements; short-term rental capacity based on distance limits; and permitting process for existing STRs if a limit is imposed.
CONSENSUS
The City Council deliberated on the following best practices and by consensus, agreed that:
• Owners must obtain a City business license;
• Owners must obtain a Short-term rental permit every 6 months; • Collect a Transient occupancy tax;
• Require a minimum number of two consecutive night stays; • Require that STRs observe quiet hours during specific times; • Require the property to be maintained and that any trash receptacles be stored out of public view, except during the day the trash is collected; Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes August 8, 2023 Page 7 of 8
• A contact person for the rental shall be available by telephone 24 hours per day, 7 days a week to respond to complaints regarding the rental unit; • The rental unit shall not be used for weddings, receptions, parties, commercial functions, commercial filming, or similar purposes; and • If the property owner receives 3 violations, their STR permit would be automatically revoked.
CONSENSUS
By consensus, the City Council directed staff to come back with a follow-up report in 60 days to further discuss STRs.
14.B. Solid Waste and Recycling Franchise Agreement
Recommendation: Provide direction to staff on which hauler(s) to negotiate with for the next Solid Waste and Recycling Services Franchise Agreement and create an Ad Hoc Committee on negotiating a new Franchise Agreement(s).
Council Member Warner indicated she paid Mike Lewis for his election consulting services; she has not accepted campaign contributions from Athens or Republic Services; she has a letter from the Attorney General and the FPPC indicating she does not have a conflict of interest in this matter.
Assistant City Attorney Collins answered questions regarding whether the letter was disclosable and the process for requesting it.
Mayor Pro Tem Dutra disclosed he received phone calls from each hauler’s representatives to inform him of their respective benefits.
Council Member Warner disclosed she had a conversation with Susan Ayala from Republic Services regarding the benefits of the company.
Council Member 0. Martinez disclosed he received a request to meet with a representative from Republic Services, but he did not attend.
Council Member J. Martinez disclosed she met with Susan Ayala, a representative from Republic Services.
Mayor Vinatieri disclosed he had a conversation with a representative from Republic Services.
Director Cason presented the report. City Manager Saeki, Director Cason and Deputy Director Smith answered questions regarding whether the data provided by the haulers was peer-reviewed and audited; complaints elevated to the deputy director of Public Works; city staffs timeframe for resolving complaints; the frequency of meetings with representatives from the haulers; the responsiveness of each hauler; the annual payment from the City General Fund; and the current contract and the audits performed by HF&H.
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The City Council deliberated.
MOTION
Mayor Pro Tern Dutra moved and Council Member 0. Martinez seconded a motion to negotiate with Athens Services and Republic Services for the next Solid Waste and Recycling Services Franchise Agreement(s). The question was called and the motion carried unanimously.
MOTION
Council Member Warner moved and Council Member 0. Martinez seconded a motion to appoint Mayor Vinatieri and Council Member J. Martinez to the Ad Hoc Committee with the scope to help guide franchise agreement negotiations and a sunset date of October 2025. The motion carried unanimously.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner indicated she attended Independent Cities Association Summer Session; and discussed the National Night Out, the Summer Reading Club Party, and an open house for the Nehemiah project.
Council Member 0. Martinez reminded residents to cherish the Constitution and the Bill of Rights.
Council Member J. Martinez discussed the donation from the Friends of the Whittier Public Library Foundation.
Mayor Pro Tern Dutra indicated he nothing to report.
Mayor Vinatieri indicated he attended the same functions as Council Member Warner as well as a meeting with between city managers, mayors, and Congresswoman Linda Sanchez and the League of California Cities Los Angeles Division’s annual meeting; and discussed the officer-involved shooting.
16. ADJOURNMENT in memory of Bruce Martin
Mayor Vinatieri read a biography of Bruce Martin and discussed his ties and contributions to the Whittier Community.
The City Council shared personal anecdotes and expressed their condolences.
Mayor Vinatieri adjourned the meeting at 9:48 p.m.