MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
SEPTEMBER 12, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on September 12, 2023. Mayor Vinatieri 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
None.
3. CLOSED SESSION
3.A. Approval of Minutes - Closed Session
Approve the August 8, 2023 Closed Session Minutes.
3.B. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Chris & April Johnson vs. City of Whittier, Claim No. 613448
3.C. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Brenda Antillon v. City of Whittier, Court Case No. 20STCV43915
3.D. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Mike Ibarra v. City of Whittier, Claim No. 606985
3.E. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: State Route 72, Properties along Whittier Boulevard from Esperanza Avenue to Sorensen Avenue
City Negotiator: Brian Saeki
Property Negotiator: Local Agency Formation Commission, Los Angeles Under Negotiation: Price and Terms
3.F. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(e)(1):
Three Cases
4. CALL TO ORDER - REGULAR SESSION
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Mayor Vinatieri called the Regular Session to order at 7:08 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 Tern
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
Kyle Cason, Director of Public Works
Virginia Santana, Director of Parks, Recreation and Community Services
Wayne McBurney, Tree Maintenance Supervisor
6. PLEDGE OF ALLEGIANCE
Council Member J. Martinez led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
Assistant City Attorney Collins indicated that there was nothing to report out of Closed Session.
8. PRESENTATIONS
None.
9. APPROVAL OF AGENDA
MOTION
Mayor Pro Tern Dutra moved and Council Mernber 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.
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The following individuals provided live public comments:
Sharon Heck; George Troppini; Deirdre Shatzen; Monica Sena; Edward Ferrad; Maggie Barragnon Moe; and Yolanda Garcia.
The following individuals provided teleconference public comments:
D.K.; Susan Cameron; Stephanie Vallejo; and Christian lsraelian.
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
None.
12. JOINT CONSENT CALENDAR
Council Member Warner pulled item 12.M. for individual consideration.
Mayor Vinatieri recused himself from Item I 2.C. due to a conflict of interest since he owns a business in Uptown Whittier.
MOTION
Mayor Pro Tem Dutra and Council Member 0. Martinez seconded a motion to approve the Consent Calendar, with the exception of Item I 2.M. and noting Mayor Vinatieri’s recusal on Item 12.C. 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 August 8, 2023 Special and Regular Meeting Minutes.
12.C. 2023 DIa de los Muertos Festival
Recommendation: Approve a special event permit for the annual DIa de los Muertos Art & Music Festival in Uptown Whittier hosted by Casita del Pueblo and R.E.A.C.H. on October 8, 2023, from 11:00 a.m. to 5:00 p.m. and a fee waiver in the amount of $2,400.
12.D. Legislative Ad Hoc Committee Report
Recommendation: Receive a report from City Council Ad Hoc Committee on Legislation and direct staff to implement recommendations.
12.E. Claims Against the City
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Recommendation: Deny claims filed by Fernando Martinez, Geico Insurance ASO Jose Mironvallares, Joshua Garcia, Sarah Morales, Edward Aguirre, and Brenda Coco for Brayden Coco.
12.F. Information Technology Master Plan — ClientFirst Professional Services Agreement
Recommendation: Award and authorize the City Manager to execute and agreement with ClientFirst for a Professional Services Agreement to develop an Information Technology Strategic Plan for a cost not to exceed $89,885.
12.G. Fiber Optic Master Plan Design — Professional Services Agreement Recommendation:
1) Award and authorize the City Manager to execute a Professional Services Agreement with Iteris, Inc. for the Fiber Optic Master Plan Design in the amount of $199,983 and allow a 10% contingency for additional services.
2) Adopt Resolution No. 2023-63 amending the Fiscal year 2023-24 Budget to fund the Fiber Optic Master Plan Design.
12.H. New Restaurant with Arcade (Chuck E. Cheese)
13400 Whittier Boulevard
Conditional Use Permit No. CUP23-0003
Recommendation: Receive and file the Planning Commission’s action approving Conditional Use Permit No. CUP23-0003 to allow for the operation of a restaurant with arcade games (d.b.a. Chuck E. Cheese) and Development Review Project No. DRP23-0042 for a façade remodel of an existing commercial tenant space located at 13400 Whittier Boulevard.
12.1. Metro Hot Spots - Memorandum of Understanding Extension Recommendation: Approve a term extension to an existing Memorandum of Understanding (MOU) with Metro to July 31, 2025, for the intersection improvements of Hot Spots Whittier Boulevard at Santa Fe Springs Road and Whittier Boulevard at Painter Avenue.
I 2.J. Online Payment Portal Agreement with Paya Inc.
Recommendation: Approve and authorize the Executive Director to execute the Online Payment Portal Agreement with Paya Inc. on behalf of the Whittier Utility Authority and adopt Resolution No. WUA-2023-05 amending the Fiscal Year 2023-24 Budget to appropriate $6,410 from the water fund to supplement the payment processing fee account.
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12.K. Palm Avenue Improvement Project from Beverly Boulevard to Whittier Boulevard - Notice Inviting Bids
Recommendation:
1) Find the Project is Categorically Exempt pursuant to Section 15301, Class 1 -Existing Facilities, of the California Environmental Quality Act guidelines;
2) Approve Plans and Specifications for Palm Avenue Improvement Project; and
3) Authorize the City Clerk to advertise for construction bids.
12.L. Penn Park Playground Improvements Project — Construction Change Order
Recommendation:
1) Authorize the City Manager to execute a Professional Services Agreement with David Volz Design for the preparation of design plans for a fee not to exceed $34,145;
2) Approve the contract change order with Micon Construction, Inc. in an amount up to $95,000 for the Penn Park Playground Improvements Project; and
3) Adopt Resolution No. 2023-64, adding a supplemental appropriation of $95,000 to the Fiscal Year 2023-2024 Budget for the Penn Park Playground Improvements Project.
12.N. Amended Military Equipment Use Policy
Recommendation: Introduce and conduct first reading of Ordinance No. 3150 amending Military Equipment Use Ordinance as required by California Assembly Bill 481 and approve the amended Military Equipment Use policy to allow the Whittier Police Department continued use of vital equipment as well as the acquisition of new equipment in the future.
The following item was pulled for individual consideration:
12.M. Tract Map 83435 - 9829 La Serna Drive
Recommendation: Approve Final Tract Map No. 83435 in substantial conformance and authorize the City Clerk and City Engineer to sign on behalf of the City; and approve and authorize the City Manager to execute the Subdivision Improvement Agreement in substantial conformance as provided in the report.
Director Cason answered questions regarding ownership of the access road on the southern border of the project; responsibility for the repair of the shared road; traffic study requirements; traffic calming measures; parking restrictions on La Serna Drive; and a sewer overflow concern in the area around the project.
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MOTION
Council Member Warner moved and Mayor Pro Tem Dutra seconded a motion to approve Final Tract Map No. 83435 in substantial conformance and authorize the City Clerk and City Engineer to sign on behalf of the City; and approve and authorize the City Manager to execute the Subdivision Improvement Agreement in substantial conformance as provided in the report. The question was called and the motion carried 4-0-1, Council Member J. Martinez abstaining.
13. PUBLIC HEARINGS
None.
14. STAFF REPORTS
14.A. Objection to Tree Removal Appeal Decision — 6056 Comstock Avenue Recommendation:
1) Receive information from the Parks, Recreation, and Community Services tree appeal public hearing to consider the removal of the Podocarpus tree located at 6056 Comstock Avenue;
2) Consider the Parks, Recreation and Community Services Commission’s decision to deny the tree appeal to remove the Podocarpus tree located at 6056 Comstock Avenue; and
3) If applicable, after considering new public comments and information from staff, deny the tree appeal to approve the removal of the Podocarpus tree or approve the objection to the Tree Appeal and provide other mitigating measures pursuant to the Parkway Tree Manual.
Director Santana presented the report. City Manager Saeki, Assistant City Attorney Collins, Director Santana, Director Cason, and Supervisor McBurney answered questions regarding the ownership of the tree; responsibility for damages caused by the tree; tree maintenance; the Tree Manual provisions; attendance at the public hearing held at the Parks, Recreation and Community Services Commission meeting; the City arborist’s experience and qualifications; bulb out the curb as a mitigation measure; the responsible party for the water leak; the cause for the request for removal; vector control and public health issues caused by standing water; liabilities associated with mitigation measures that reduce street size; similar tree issues throughout the City; periodic sidewalk inspection program; life expectancy of the tree if mitigation measures are implemented; current condition of the sidewalk; causes of the uplifted sidewalk; the stability of the tree; alternative mitigation measures; and replacement tree options.
Mayor Pro Tem Dutra indicated he had a conversation with Tony Santana, a resident, regarding the tree.
The City Council deliberated.
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CONSENSUS
By consensus, the City Council directed Staff to do additional research to determine the cause of the uplifted sidewalk and based on the results, provide options for remediation.
MOTION
Mayor Pro Tem Dutra moved and Council Member J. Martinez seconded a motion to continue the item. The question was called and the motion carried 3-2, Council Members Warner and 0. Martinez dissenting.
Mayor Vinatieri indicated he had a conflict of interest since he owns a business on Greenleaf Avenue. Mayor Vinatieri exited the Council Chambers and Mayor Pro Tern Dutra presided over the meeting.
14.B. Greenleaf Promenade
Recommendation: Provide direction on design related items for the Greenleaf Streetscape Plan.
Director Cason presented the report and answered a question regarding the final design of the selected play structure.
The City Council considered three play structure options for the small pocket park at 7018 Greenleaf Avenue.
The City Council deliberated.
MOTION
Council Member Warner moved and Council Member 0. Martinez seconded a motion to continue with Option 1. The motion carried 4-0-1, Mayor Vinatieri absent.
Mayor Vinatieri re-entered the meeting.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner thanked the residents who brought forth the information regarding the tree at 6056 Comstock Avenue.
Council Member 0. Martinez also thanked the residents who brought forth the information regarding the tree at 6056 Comstock Avenue.
Council Member J. Martinez also thanked the residents who brought forth the information regarding the tree at 6056 Comstock Avenue and discussed a barking dog complaint she received.
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Mayor Pro Tem Dutra indicated the City takes trees seriously; discussed attending the Hathaway Golf Tournament; and thanked everyone who supports the Whittier Museum and attended the event on Saturday, September 9, 2023.
Mayor Vinatieri expressed his appreciation for the neighbors who came together and discussed a recent trip to Yosemite National Park.
16. ADJOURNMENT - in Memory of Pete Lopa
Mayor Vinatieri read a biography of Pete Lopa and discussed his ties and contributions to the Whittier Community.
The City Council shared personal anecdotes and expressed their condolences.
City Clerk Garcia indicated that there was nothing to report out of Closed Session and that Mayor Vinatieri adjourned the meeting at 10:01 p.m.
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