MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
NOVEMBER 14, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on November 14, 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 October 10, 2023, Closed Session Minutes.
3.B. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(e)(1)
Two Cases
3.C. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: APN 8139-022-003 (7037 Bright Avenue)
City Negotiator: Brian Saeki
Property Negotiator: American Cantechs Group Investment Inc.
Under Negotiation: Price and Terms.
3.D. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Gurrola v. City of Whittier, Claim No. 185TVC09295
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:34 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
Octavio Martinez, Council Member
Jessica Martinez, Council Member
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ABSENT: fi
Cathy Warner, 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
Wayne McBurney, Tree Maintenance Supervisor
Yolanda Martinez, Director of Human Resources/Risk Management
6. PLEDGE OF ALLEGIANCE
Council Member J. Martinez led the Pledge of Allegiance.
CLOSED SESSION REPORT
Assistant City Attorney Collins indicated that there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Small Business Saturday Proclamation
Mayor Vinatieri read a statement about small businesses and proclaimed November 25, 2023, as Small Business Saturday.
Nicole Shahenian from the Whittier Chamber spoke about the importance of small business and the Shop Home for the Holidays Campaign, which will run from November 15, 2023, through December 21, 2023.
Justin Tipton from the Whittier Uptown Association spoke about the impact of small businesses and thanked everyone for their support.
8.B. Whittier Community Foundation Donation
Mayor Vinatieri read a statement about the Whittier Community Foundation’s activities and accepted the $38,000 donation for the new pickleball courts.
Dr. Manuel Urteaga, current president of the Foundation, spoke about the contributions to the City of Whittier and upcoming projects.
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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 4-0.
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:
Sharon Heck; Diedre Shatzen; George Troppani; Anthony Santana; Tom Bihr; Janelle Bustamante; Magdalena Barragnon Moe; Fernando Lopez; Oscar Gil; Scott Kolassy; Ralph Ruedas; and Isaiah Leslie Leon Savage.
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 City Clerk Garcia would be providing an update on the Election Community Meeting.
City Clerk Garcia invited residents to the Election Community Meeting at the Central Library on Thursday, November 16, 2023, at 6:00 p.m. More information can be found through the City website. City Clerk Garcia answered a question regarding anticipated participation.
12. JOINT CONSENT CALENDAR
Mayor Pro Tern Dutra pulled Item 12.J. for individual consideration.
Mayor Vinatieri recused himself from Item 12.E. since he owns a business in Uptown Whittier.
MOTION
Mayor Pro Tern Dutra moved and Council Member 0. Martinez seconded a motion to approve the Consent Calendar, with the exception of Item 12.J. and noting Mayor Vinatieri’s recusal on Item 12.E. The question was called and the motion carried unanimously.
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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 October 10, 2023 Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Anthony Boundreau, James Gallegos, Kimberly Hawkins, Matthew Fodor, Estate of Ethen Fodor, and Dorothy Pan.
12.D. Data Network Security Upgrades
Recommendation: In conformance with Government Code Sections 6254(ab) and 6254.19, approve and authorize the City Manager to execute an agreement in the amount of $144,000 for upgrades to the City’s data network security system; and adopt Resolution No. 2023-78, amending the Fiscal Year 2023-24 budget to appropriate $19,360 from the Information Technology Replacement Reserve for upgrades to the City’s Data Network Security System.
12.E. 2024 Whittier Uptown Association Annual Agreement Recommendation: Approve the administrative agreement between the City of Whittier and the Whittier Uptown Association for calendar year 2024 and authorize the City Manager to execute the agreement.
12.F. Purchase of 7037 Bright Avenue
Recommendation: Adopt Resolution No. 2023-79, authorizing the City Manager to execute a Purchase and Sale Agreement and all related documents for acquisition of real property located at 7037 Bright Avenue (Bright Motel, AIN 8139-022-003) totaling $1,000,000, and appropriating that amount and an additional $35,000 for related acquisition costs using General Funds for the purpose of expanding parking facilities in Uptown Whittier.
12.G. Side Letter Amendment Approval
Recommendation: Approve Side Letter amending the Employee Additional Cost Share agreement with California Public Employee’s Retirement System (CaIPERS).
Li
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12.H. The Local Weilness Foundation Whittier Walk for Wellness — Special Event Permit
Recommendation: Approve the Parks, Recreation and Community Services Commission’s recommendation to issue a special event permit for the Local Wellness Foundation’s Whittier Walk for Wellness at Central Park on Saturday, December 2, 2023, from 7:00 am. to 11:00 a.m.
12.1. 23-010 Well 8 Rehabilitation, Liner, and Pump — Award of Contract Recommendation:
1) Waive a minor bid irregularity and award the contract to South West Pump & Drilling Inc. in the amount of $565,402 for Well 8 Rehabilitation; 2) Reject all other bids;
3) Authorize the Executive Director to sign the contract on behalf of the Whittier Utility Authority; and
4) Approve $56,541 in contingency funding subject to the approval of the Executive Director.
12.K. Penn Park Playground Improvements Project — Construction Change Order
Recommendation: Approve Contract Change Order No. 2 with Micon Construction, Inc. in an amount up to $55,865 for the Penn Park Playground Improvements Project and adopt Resolution No. 2023-81, adding a supplemental appropriation of $55,865 to the Fiscal Year 2023-2024 Budget for the Penn Park Playground Improvements Project.
The following item was pulled for individual consideration:
12.J. Michigan Park Improvements Project — Award of Contract Recommendation:
1) Adopt Resolution No. 2023-80, amending the Fiscal Year 2023-24 Budget to add supplemental appropriations in the amount of $596,891 for the Michigan Park Improvement Project;
2) Award the construction contract to the lowest responsive bidder, TOWO Enterprise Inc., in the amount of $640,210 for the Construction of Michigan Park Improvements Project;
3) Reject all other bids;
4) Authorize the City Manager to sign the construction contract on behalf of the City; and
5) Approve $64,021 in contingency for the Michigan Park Improvements Project subject to the approval of the City Manager.
City Manager Saeki and Director Cason answered questions regarding the anticipated start and completion dates for the project and the fence around the playground area.
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MOTION
Mayor Pro Tern Dutra moved and Council Member J. Martinez seconded a motion to 1) adopt Resolution No. 2023-80, amending the Fiscal Year 2023-24 Budget to add supplemental appropriations in the amount of $596,891 for the Michigan Park Improvement Project; 2) award the construction contract to the lowest responsive bidder, TOWO Enterprise Inc., in the amount of $640,210 for the Construction of Michigan Park Improvements Project; 3) reject all other bids; 4) authorize the City Manager to sign the construction contract on behalf of the City; and 5) approve $64,021 in contingency for the Michigan Park Improvements Project 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. Solid Waste and Recycling Franchise Agreement Negotiations Ad Hoc Committee Update
Recommendation: Receive and file the Solid Waste and Recycling Agreement Negotiations Ad Hoc Committee (Ad Hoc Committee) recommendations and if appropriate, provide direction in preparation of the solid waste and recycling proposer package.
Director Cason presented the report. City Manager Saeki, Director Cason and Laith Ezzet from HF&H Consultants answered questions regarding the current and proposed practices for the annual rate adjustment and contract term and extension; industry standards; Consumer Price Index (CPI) for garbage and trash collection; Producer Price Index for fuel; cart ownership; compliance with Senate Bill (SB) 1383; and the porter service hours.
The City Council deliberated.
MOTION
Council Member 0. Martinez moved and Council Member J. Martinez seconded a motion to receive and file the Solid Waste and Recycling Agreement Negotiations Ad Hoc Committee (Ad Hoc Committee) recommendations. The motion carried unanimously.
14.B. Tree Appeal — 6056 Comstock Avenue
Recommendation: Deny the appeal to remove the Podocarpus tree located at 6056 Comstock and approve the removal of the tree pursuant to Section IX of the Parkway Tree Manual.
Director Cason presented the report. City Manager Saeki, Assistant City Attorney Collins, Director Cason, and Supervisor McBurney answered questions regarding the end of curb radius (ECR); American Disabilities Act (ADA) requirements; easements, eminent domain, and bulbing as mitigating factors; liability concerns; Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes November 14, 2023 Page 7 of 8
the city arborists’ combined years of experience; the red curb near the tree; likelihood of the tree’s survival; current conditions of the street and sidewalk; sidewalk elevations; shaving the tree roots as a mitigating factor; typical process for filling a sidewalk; the City’s actions relative to the Tree Manual; Tom Bihr’s maps submitted during public comment; the impact of shaving anchoring tree roots; stairs on the private property behind the tree; and tree replacement options and sizes.
The City Council deliberated.
MOTION
Council Member 0. Martinez moved and Mayor Pro Tem Dutra seconded a motion to deny the appeal to remove the Podocarpus tree located at 6056 Comstock and approve the removal of the tree pursuant to Section IX of the Parkway Tree Manual. The question was called and the motion carried 3-1, Council Member J. Martinez dissenting.
CONSENSUS
By consensus, City Council directed Staff to talk to the residents of Comstock Avenue about the replacement tree and other measures to beautify the street.
14.C. Liability Update
Recommendation: Receive a report on the City policy updates required by the California Insurance Pool Authority and provide direction as necessary.
Director Martinez presented the report. City Manager Saeki and Director Martinez answered questions regarding other member agencies’ liability exposure; unusual circumstances contributing to the City’s high liability; reasoning for adding the Justified Tree Removal Type to the Tree Manual; system of checks and balances for the proposed risk assessment committee; reasoning for not including an appeal process through the justified tree removal type and potential associated liability.
Council Member J. Martinez exited the Council Chamber during the questionand-answer session.
ACCLAMATION
By acclamation, the City Council received and filed a report on the City policy updates required by the California Insurance Pool Authority and directed Staff to bring back objective criteria for the use of determining when a tree gets removed and to provide options to incorporate an appeal process. The motion carried 3-0- 2, Council Member J. Martinez and Council Member Warner absent.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member J. Martinez re-entered the Council Chamber.
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Council Member 0. Martinez discussed the difficulty involved with making choices on the dais and thanked residents for their hard work, support, and prayers.
Council Member J. Martinez thanked residents for being respectful of each other’s faith and discussed the terrorist attacks on Israel that began on October 7, 2023.
Mayor Pro Tem Dutra thanked Staff and colleagues who attended the Veterans Day event; indicated that residents have called to express gratitude for Metro since the closure on the 10 freeway; reminded residents that Metro has a fareless system for students in K-12 and in community colleges; and expressed his excitement for the new pickleball courts.
Mayor Vinatieri thanked Staff for their hard work on the Spooktacular 5k and the Veterans Day events; indicated the Whittier Community Theatre is celebrating its 100-year anniversary; discussed the Askate event at the Skate Park; stated he attended an event with Deputy Undersecretary of the United States Army, other Mayors, and Mayor Pro Tems in Rosemead, CA; and wished everyone a happy Thanksgiving.
16. ADJOURNMENT - In Memory of Jim Kelly
Mayor Vinatieri read a biography of Jim Kelly 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 10:21 p.m.