MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
SEPTEMBER 26, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on September 26, 2023. Mayor Vinatieri called the meeting to order at 6:10 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 22, 2023 Closed Session Minutes.
3.B. Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Agency Negotiator: Brian Saeki
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(e)(1):
One Case
3.D. Conference with Legal Counsel—Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9:
One Case
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:51 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 September 26, 2023 Page 2 of 8
5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
Fernando Dutra, Mayor Pro Tem
Cathy Warner, Council Member
Octavio Martinez, Council Member
ABSENT:
Jessica Martinez, Council Member (absent)
STAFF PRESENT:
Brian Saeki, City Manager
Keith Collins, Assistant City Attorney
Shannon DeLong, Assistant City Manager
Ifath Casillas, Management Analyst
Erin Hamilton, Community Services Manager
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
Aviv Bar, Chief of Police
6. PLEDGE OF ALLEGIANCE
Council Member 0. Martinez led the Pledge of Allegiance.
7. CLOSED SESSION REPORT
Assistant City Attorney Collins indicated there was nothing to report out of Closed Session.
City Manager Saeki indicated there were technical difficulties with the cable feed, and the meeting could be viewed on Zoom.
8. PRESENTATIONS
8.A. Recognition of VolunTeens
This item was moved to a future meeting.
8.B. Recognition of Public Works Employees
Director Cason spoke about a Water Main Repair on Mar Vista Street and the subsequent street repair spearheaded by Public Works City employees.
The City Council thanked the members of the Public Works for their hard work.
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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:
Ben Reed; Fernando Lopez; Gabriel Hill; William Mata; Maggie Moe; Isaiah Leslie Leon Savage; Sergio Bermudez; and Danya Hazen.
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.
11. CITY MANAGER REPORT
City Manager Saeki indicated that the City Council has not defunded the police, that there are 125 sworn officers, and that the City has not taken action on becoming a sanctuary City.
12. JOINT CONSENT CALENDAR
Mayor Pro Tern Dutra pulled Item 12K. for individual consideration.
Mayor Vinatieri recused himself from Item 12.E. due to a conflict of interest since he owns a business in Uptown Whittier.
MOTION
Council Member Warner and Mayor Pro Tern Dutra seconded a motion to approve the Consent Calendar, with the exception of Item 12K. and noting Mayor Vinatieri’s recusal on Item 12.E. The question was called and the motion carried 4-0.
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.
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12.B. Approval of Minutes
Recommendation: Approve the August 22, 2023 Special and Regular Meeting Minutes.
12.C. Second Reading of Ordinance No. 3150 - Military Equipment Use Policy
Recommendation: Conduct second reading and adopt Ordinance No. 3150, adopting a policy governing the use of military equipment; an amended 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.
12.D. Claims Against the City
Recommendation: Deny claims filed by Patricia Apolinar and Guillermo Blanco.
12.E. 2024 Uptown Business Improvement Area (BIA) Assessment Recommendation:
1) Approve the Whittier Uptown Association 2022-2023 annual report and proposed 2024 budget.
2) Adopt Resolution No. 2023-65 declaring the City’s intention to levy and collect assessments within the Uptown Whittier Business Improvement Area for calendar year 2024.
3) Schedule a public hearing to consider the matter on October 24, 2023.
12.F. Whittier Well-Being Initiative - Monthly Status Report Recommendation: Receive and file the monthly status report on the Whittier Well-Being Initiative.
12.G. California State Library “Zip Book” Grant
Recommendation: Adopt Resolution No. 2023-66, amending the Fiscal Year 2023-24 Budget to accept a grant from the California State Library in the amount of $8,466 for the California State Library “Zip Book” Grant.
12.H. Office of Traffic Safety -Selective Traffic Enforcement Program (STEP) Grant.
Recommendation: Adopt Resolution No. 2023-67 amending the Fiscal Year 2023-24 Budget related to supplemental appropriations for the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant.
12.1. Police Fitness Center Equipment Replacement
Recommendation: Adopt Resolution No. 2023-68, amending the Fiscal Year 2023-24 budget to accept $87,058 in funds from the Officer and Mental Health Grant and authorize the purchase and installation of police department fitness center replacement equipment.
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12.J. SKILLS Organization — Orchard Dale and Scott Avenue Elementary After-School Programs
Recommendation:
1) Approve and authorize the City Manager to execute an agreement with the SKILLS Organization for the City’s operation of Scott Avenue Elementary and Orchard Dale After School Programming.
2) Adopt Resolution No. 2023-69 amending the FY 23/24 budget to include $82,512 for the Orchard Dale Elementary After School Program and $63,728 for the Scott Avenue School Program.
12.L. Pickering Avenue Transmission Main Emergency Repair Recommendation: Adopt Resolution No. WUA-2023-06 amending Fiscal Year 2023-24 Budget in the amount of $238,000 for the Pickering Avenue Transmission Main Emergency Repair.
12.M. Utility Users’ Tax Low Income Exemption Qualification Recommendation: Introduce and conduct the first reading of Ordinance No. 3151 finding that the code amendment is exempt from review under the California Environmental Quality Act and amend Chapter 3.24 (Utilities Tax) to increase the income level to qualify for utility users’ tax (UUT) exemptions for residential service users to $56,750.
The following item was pulled for individual consideration:
12K. Michigan Park Improvements Project — Notice Inviting Bids and Modular Building Purchase
Recommendation:
1) Find the Project is Categorically Exempt pursuant to Section 15301 Existing Facilities and 15303 New Construction or Conversion of Small Structures of the California Environmental Quality Act guidelines. 2) Approve Plans and Specifications for the Michigan Park Improvements Project.
3) Authorize the City Clerk to advertise for construction bids. 4) Authorize the City Manager to purchase a new VESTA modular voting center at a cost of $235,686.
5) Adopt Resolution No. 2023-70, allocating funding for the purchase and use of a modular building as a Vote Center and other recreational activities at Michigan Park.
City Manager Saeki, Director Cason, and Manager Hamilton answered questions regarding the square footage of the modular building; additional recreational uses; and voting center locations.
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MOTION
Mayor Pro Tern Dutra moved and Council Member Warner seconded a motion to 1) find the Project is Categorically Exempt pursuant to Section 15301 Existing Facilities and 15303 New Construction or Conversion of Small Structures of the California Environmental Quality Act guidelines; 2) approve Plans and Specifications for the Michigan Park Improvements Project; 3) authorize the City Clerk to advertise for construction bids; 4) authorize the City Manager to purchase a new VESTA modular voting center at a cost of $235,686; and 5) adopt Resolution No. 2023-70, allocating funding for the purchase and use of a modular building as a Vote Center and other recreational activities at Michigan Park. The question was called and the motion carried 4-0.
13. PUBLIC HEARINGS
13.A. 2022-23 Consolidated Annual Performance and Evaluation Report Recommendation: Conduct a public hearing to review and approve the Consolidated Annual Performance and Evaluation Report (CAPER) for the period beginning July 1, 2022, and ending June 30, 2023; and Authorize the City Manager to submit the report, along with any public comments received and necessary revisions, to the United States Department of Housing and Urban Development (HUD).
Director Pongetti presented the report and answered questions regarding Community Development Block Grant (CDBG) target area block groups and activities within them; housing rehabilitation assistance loans; allocation of HOME funds for the Alpha Beta Project; silent second loans; and the Salvation Army Homeless Navigation Center.
Mayor Vinatieri opened the public hearing.
Christian Israelian 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.
Chief Bar answered questions regarding graffiti abatement and its impact on communities.
Mayor Vinatieri closed the public hearing.
The City Council deliberated.
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MOTION
Mayor Pro Tem Dutra moved and Council Member Warner seconded a motion to approve the Consolidated Annual Performance and Evaluation Report (CAPER) for the period beginning July 1, 2022, and ending June 30, 2023; and authorize the City Manager to submit the report, along with any public comments received and necessary revisions, to the United States Department of Housing and Urban Development (HUD). The motion carried 4-0.
14. STAFF REPORTS
14.A. City Council Meeting Teleconference Rules and Public Comment Options
Recommendation: Provide direction on current teleconference rules and public comment options.
Management Analyst Casillas presented the report. City Manager Saeki and Analyst Casillas answered questions regarding reasons for removing teleconference public comment options and costs associated with providing teleconference public comment options.
MOTION
Council Member Warner moved and Mayor Pro Tem Dutra seconded a motion to continue with current public comment options. The question was called and the motion carried 3-1, Council Member 0. Martinez dissenting.
15. COUNCIL MEMBER! DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner asked City Manager Saeki to discuss why it is not recommended that Council Members attend the Envision Whittwood Community Meeting held by Kimco; City Manager Saeki indicated the meeting was hosted by Kimco and the project would come before them as City Council and any biased opinion could preclude members of the City Council from participating in the landmatter decision.
Council Member Warner indicated she attended a community meeting with the East Whittier School District; and announced the arrival of a new granddaughter and the news of a new great-grandchild.
Council Member 0. Martinez discussed the hard work of the Public Works and Police Department employees; and indicated he attended the League of California Cities Annual Conference in Sacramento, California.
Mayor Pro Tem Dutra discussed the Gateway Council of Governments’ Federal Funding Last Mile grant application and the improvement of certain off and on ramps on the 605, 91, and 710 freeways approved by the Metro Board.
Mayor Vinatieri discussed attending the Whittier Symphony performance on Sunday, September 24, 2023; indicated that Leffingwell elementary and Ocean Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes September 26, 2023 Page 8 of 8
View elementary schools were named Blue Ribbon Schools by the United States Department of Education; indicated he attended the League of California Cities Annual Conference in Sacramento, California; and discussed the zero-bail law.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 8:17 p.m.