MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
DECEMBER 12, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on December 12, 2023. Mayor Vinatieri called the meeting to order at 6:02 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. Approval of Minutes - Closed Session
Approve the October 24 and November 14, 2023 Closed Session Minutes.
3.B. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
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.C. 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.D. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Patricia Yakemonis v. City of Whittier, Claim No. 19-591520-133
3.E. Conference with Legal Counsel — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(e)(1)
One Case
4. CALL TO ORDER - REGULAR SESSION
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Mayor Vinatieri 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.
5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
Fernando Dutra, Mayor Pro Tern
Cathy Warner, Council Member
Octavio Martinez, Council Member
ABSENT:
Jessica Martinez, Council Member
STAFF PRESENT:
Brian Saeki, City Manager
Richard D. Jones, City Attorney
Keith Collins, Assistant City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Payrnaneh Maghsoudi, Director of Library Services
Kyle Cason, Director of Public Works
Aviv Bar, Chief of Police
Erin Hamilton, Community Services Manager
6. PLEDGE OF ALLEGIANCE
City Attorney Jones led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Jones indicated that there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Library Foundation Whittier Reads Title
Director Maghsoudi invited Myra Weiss, Sofia Chaidez, and Gail Chabran to introduce the book title for next year’s Whittier Reads book, “Stealing Home.”
9. APPROVAL OF AGENDA
Council Member Warner requested that Item 14.A. be considered after Item 11.
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MOTION
Mayor Pro Tern Dutra moved and Council Member 0. Martinez seconded a motion to move Item 14.A. after Item 11 and 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:
Dave Gonzalez; Sergio Bermudez; Brian Ahern; Glen McClure; Tim Nally; Magdalena Barragnon; Isaiah Leslie Leon Savage; Eyob Bayou; Fernando Lopez; Enrique Villegas; Stephanie Vallejo; and Juan Enriquez.
The following individuals provided teleconference public comments:
D.K. 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
City Manager Saeki provided the following updates:
1. The Uptown Association held the Annual Christmas Parade on Saturday, December 9, 2023, and City Manager Saeki thanked the City Staff and the Association for their hard work.
2. Regarding the Santa Gertrudes roadway improvements, the City is in the process of concrete removal and replacement and the majority of the pavement replacement will take place over the holiday break. The completion date is scheduled for the first quarter of 2024.
3. The current Police Complement is 128 officers, but the City Council has authorized the Chief of Police to hire as many officers as possible due to upcoming retirements. Mayor Vinatieri discussed the Police study that indicated that the complement needed in Whittier was between 130 and 135 officers.
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14.A. Amendment to Agreement No. 13 with Jones Mayer Naming Keith Collins as the new City Attorney
Recommendation: Approve Amendment No. 13 to Agreement No. A91-182 with Jones Mayer naming Keith Collins as the Whittier City Attorney.
City Manager Saeki presented the report.
The City Council shared anecdotes about City Attorney Jones and expressed their gratitude for his hard work and professionalism.
MOTION
Council Member Warner moved and Mayor Pro Tem Dutra seconded a motion to approve Amendment No. 13 to Agreement No. A91 -182 with Jones Mayer naming Keith Collins as the Whittier City Attorney. The question was called and the motion carried 4-0.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present except Council Member J. Martinez.
12. JOINT CONSENT CALENDAR
Council Member Warner pulled Items 12.L. and 12.N. for individual consideration.
Mayor Pro Tern Dutra pulled Item 12.R. for individual consideration.
MOTION
Mayor Pro Tern Dutra moved and Council Member 0. Martinez seconded a motion to approve the Consent Calendar, with the exception of Items 12.L, N, and R. 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.
12.B. Approval of Minutes
Recommendation: Approve the October 24, 2023 and November 14, 2023 Special and Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Michael Guzman, Michael Chavarria Cisneros and Agustina Cisneros, Joslyn Babiera, Audra Wrightson, Rossana Lugo, and Emma Cruz by Teddie Serna.
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12.D. Whittwood Town Center Reimbursement
Recommendation: Approve $325,563 in property tax increment and sales tax reimbursement to Whittwood 1768 Inc. pursuant to the Owner Participation Agreement for the Whittwood Town Center.
12.E. Marketplace Disposition and Development Agreement (DDA) Reimbursement
Recommendation: Approve the January through June 2023 reimbursement to Whittier Marketplace, Inc. of the 2022-23 debt service payment on the Community Facilities District 1989-1 bonds in the amount of $256,153, pursuant to the DDA.
12.F. Library Staffing Update
Recommendation: Approve organizational changes in the Library Department, and adopt Resolution No. 2023-82, amending the Fiscal Year 2023-24 budget to add $250,000 in staff expenditures, to be reimbursed by the Whittier Public Library Foundation.
12.G. Classification and Compensation Study — Professional Services Agreement — Segal Group
Recommendation: Approve and authorize the City Manager to execute a Professional Services Agreement with Segal Group for a classification and compensation study at a fee not to exceed $139,000, and adopt Resolution No. 2023-83, amending Fiscal Year 2023-24 budget with a supplemental appropriation for the classification and compensation study.
12.H. Cal OES Funding for Design for Fire Station 17
Recommendation: Adopt Resolution No. 2023-84, amending the Fiscal Year 2023-24 budget related to supplemental appropriations for the CaIOES Pass Through Grant Subaward for the Reconstruction of Historic Los Angeles County Fire Station 17; and authorize the City Manager to execute any necessary forms and agreements related to the acceptance and expenditure of the grant.
12.1. FLOCK Safety Agreement — Amendment No. 1
Recommendation: Approve and authorize the City Manager to execute Amendment No. ito Agreement No. 21-1 56 with FLOCK Safety to continue providing License Plate Reader (LPR) hardware, software, and service allowing law enforcement to develop investigative leads to solve crimes for a fee not to exceed $437,500 for a 60-month term.
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12.J. Grant Funded Dial-A-Ride Vehicle Purchase
Recommendation:
1) Award contract to A-Z Bus Sales for the purchase of four (4) replacement Dial-A-Ride vehicles in the amount not to exceed $380,000; 2) Adopt Resolution No. 2023-85 amending the Fiscal Year 2023-24 budget to accept a Federal Transportation Administration (FTA) Section 5310 grant in the amount of $288,000 from the Los Angeles County Metropolitan Transportation Authority (Metro);
3) Reject all other bids; and
4) Authorize the City Manager to execute the grant agreement and sign any relevant paperwork relating to the purchase of these vehicles.
12.K. Geoscience — Professional Services Agreement — Award of Contract Recommendation: Approve and authorize the Executive Director to execute a Professional Services Agreement with Geoscience to provide construction management, inspection & hydrogeological services for Well 8 Rehabilitation at a fee not to exceed $94,020.
12.M. On-Call Traffic Engineering Services - Professional Services Agreement - Award of Contract
Recommendation: Approve and authorize the City Manager to execute a Professional Services Agreement with AGA Engineers, Inc and with Hartzog & Crabill, Inc to provide On-Call Traffic Engineering Services for a not to exceed combined amount of $100,000 per fiscal year for a term of 36 months.
12.0. Traffic Signal Improvement Project - Notice of Completion Hadley Street at Pickering Avenue
Mar Vista Street at Pickering Avenue
Mar Vista Street at Greenleaf Avenue
Recommendation: Accept the work performed by ILB Electric for the 19-008 Traffic Signal Improvement Project and authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.
12.P. Underground Utility Districts - Rule 20A Prioritization Update Recommendation: Revise the Underground Utility District Rule 20A SCE priority projects to expand the Broadway under grounding project and remove the Greenway Trail at Five Points project.
12.Q. Whittier Boulevard at Painter Water Main Replacement Recommendation:
1) Find the project is categorically exempt pursuant to Section 15301, Class I - Existing Facilities, of the California Environmental Quality Act guidelines;
2) Approve plans and specifications for the Whittier Boulevard at Painter Avenue Water Main Replacement; and
3) Authorize the Secretary to advertise for construction bids.
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The following items were pulled for individual consideration:
12.L. Rockne Avenue from Beverly Boulevard to Orange Grove Avenue — Speed Humps
Recommendation: Approve the Parking and Transportation Commission recommendation for the installation of speed humps on Rockne Avenue from Beverly Boulevard to Orange Grove Avenue.
Director Cason and Chief Bar answered questions regarding existing speed humps; the proximity of the speed humps to the Orange Grove Elementary school; potential effects to traffic on nearby streets; the presence of “no right turn” signs on streets between 605 Freeway and Norwalk Boulevard; evaluation of the complete streets principles; the effect of speed bumps on emergency vehicle response times; alternative traffic calming measures; average number of trips per household; other speed humps in the vicinity; and size requirements for speed humps.
The City Council deliberated.
MOTION
Mayor Pro Tern Dutra moved and Council Member 0. Martinez seconded a motion to approve the Parking and Transportation Commission recommendation for the installation of speed humps on Rockne Avenue from Beverly Boulevard to Orange Grove Avenue. The question was called and the motion carried 3-1, Council Member Warner dissenting.
12.N. Starbuck Street from Messina Drive to 200’ east of Portada Drive — Speed Humps
Recommendation: Approve the Parking and Transportation Commission recommendation for the installation of speed humps on Starbuck Street from Messina Drive to 200’ east of Portada Drive.
Director Cason and Chief Bar answered questions regarding the uniqueness of the street; potential effects to traffic on nearby streets; alternative traffic calming measures; process for adding speed humps to La Cuarta Street; the removability of the speed humps; enforcement of stop signs in the area; and alternate enforcement measures.
MOTION
Mayor Pro Tern Dutra moved and Council Member 0. Martinez seconded a motion to approve the Parking and Transportation Commission recommendation for the installation of speed humps on Rockne Avenue from Beverly Boulevard to Orange Grove Avenue. The question was called and the motion carried 3-1, Council Member Warner dissenting.
12.R. Zero Emissions Truck Purchase
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Recommendation: Authorize the purchase of a zero-emission, all-electric Ford Lightning F-I 50 truck from National Auto Fleet Group, Watsonville, California, for $78,761, and adopt Resolution No. 2023-86 amending the Fiscal Year 2023-2024 Budget to appropriate funds from the Air Quality Management District Fund to fund a zero-emission truck purchase.
City Manager Saeki and Director Cason answered questions regarding the goal for the number of zero emissions vehicles; required infrastructure to support zero emissions vehicles; the appropriate infrastructure to support it; mandates to transition toward zero-emission fleets; police vehicle exemptions; the City’s current efforts to reduce greenhouse emissions; and the Ceres principles regarding green initiatives.
MOTION
Mayor Pro Tem Dutra moved and Council Member Warner seconded a motion to authorize the purchase of a zero-emission, all-electric Ford Lightning F-I 50 truck from National Auto Fleet Group, Watsonville, California, for $78,761, and adopt Resolution No. 2023-86 amending the Fiscal Year 2023-2024 Budget to appropriate funds from the Air Quality Management District Fund to fund a zeroemission truck purchase. The question was called and the motion carried 4-0.
13. PUBLIC HEARINGS
Mayor Vinatieri indicated that he would recuse himself due to a conflict of interest (proximity of restaurant), so he exited the Chamber. Mayor Pro Tem Dutra presided over the meeting.
13.A. Final Greenleaf Promenade Design and Amendment to the Uptown Whittier Streetscape Plan
Recommendation: Conduct a public hearing, approve the final design documents for the Greenleaf Promenade, and adopt Resolution No. 2023- 87 approving an addendum to the approved Negative Declaration under the California Environmental Quality Act (CEQA) for the Uptown Whittier Streetscape plan along with an amendment to the Uptown Whittier Streetscape Plan.
Director Cason presented the report. City Manager Saeki, Director Cason, and Chief Bar answered questions regarding Americans with Disabilities Act (ADA) compliance; selection of contrasting lighting fixtures; safety concerns regarding overhead monumentation; EIR requirements; potential challenges to zoning changes; timeline of the project; the modular seatwalls; options for additional landscape under the proposed tree canopies; rationale for tree replacements; mitigation alternatives; Tree Manual policy applications; phasing of additional infrastructure projects in the area; and Gateway City Council of Governments (COG) funding opportunities.
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Steven Rizen from SWA answered questions regarding the (placement and size of monument trees and landscape lighting.
Mayor Pro Tern Dutra opened the public hearing.
Council Member 0. Martinez exited the Chamber.
City Attorney Collins paused the meeting and indicated that pursuant to the Brown Act, there must be a quorum of the legislative body present for the public hearing to occur.
The following individuals provided live public comments:
Daisy; Justin Tipton; Alyson Tietze; Virginia Ball; Jiro Brito; Claudia Prado; Linda Guerrido; Steven Trizzolo; Paul White; Chris Foster; Andrew Estrada; and Maggie Moe.
Christian lsraelian provided a teleconference public comment.
Director Cason answered questions regarding bicycle parking and lockers; tree replacement; the sidewalk north of Bailey Street; and ADA parking.
Mayor Pro Tern Dutra closed the public hearing.
The City Council deliberated.
MOTION
Council Member 0. Martinez moved and Council Member Warner seconded a motion to approve the final design documents for the Greenleaf Promenade and adopt Resolution No. 2023-87 approving an addendum to the approved Negative Declaration under the California Environmental Quality Act (CEQA) for the Uptown Whittier Streetscape plan along with an amendment to the Uptown Whittier Streetscape Plan. The question was called and motion carried 3-0-2, Mayor Vinatieri and Council Member J. Martinez absent.
RECESS
Mayor Pro Tern Dutra called a recess. The meeting reconvened with all Council Members present except Council Member J. Martinez. Mayor Vinatieri presided over the meeting.
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14. STAFF REPORTS
14.B. April 9, 2024 General Municipal Election
Recommendation:
1) Adopt Resolution No. 2023-88 calling for a General Municipal Election on Tuesday, April 9, 2024, for the election of certain officers of the City as required by provisions of the City Charter;
2) Adopt Resolution No. 2023-89 requesting the Los Angeles County Board of Supervisors render specified services to the City relating to the conduct of a standalone General Municipal Election to be held on April 9, 2024;
3) Adopt Resolution No. 2023-90 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, April 9, 2024; and 4) Introduce and conduct first reading of Ordinance No. 3152 establishing various election procedures relating to election style, voting locations, appointment, early voting, precinct consolidations, auditing, and reporting for the 2024 General Municipal Election.
City Clerk Garcia presented the report. City Attorney Collins and City Clerk Garcia answered questions regarding the existence of potential conflicts for incumbents whose seats are up for election; the types of measures that can be added to the ballot; charter amendments; whether unappointed candidates are appointed or elected; costs of conducting a standalone election; and the modular building at Michigan Park.
MOTION
Mayor Pro Tem Dutra moved and Council Member Warner seconded a motion to 1) adopt Resolution No. 2023-88 calling for a General Municipal Election on Tuesday, April 9, 2024, for the election of certain officers of the City as required by provisions of the City Charter; 2) adopt Resolution No. 2023-89 requesting the Los Angeles County Board of Supervisors render specified services to the City relating to the conduct of a standalone General Municipal Election to be held on April 9, 2024; 3) adopt Resolution No. 2023-90 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, April 9, 2024; and 4) introduce and conduct first reading of Ordinance No. 3152 establishing various election procedures relating to election style, voting locations, appointment, early voting, precinct consolidations, auditing, and reporting for the 2024 General Municipal Election. The question was called and the motion carried 4-0.
Council Member 0. Martinez exited the Chamber after indicating a conflict of interest since he is employed by CAPC, Inc.
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14.C. Social Services Grant Preliminary Results and Allocation Clarifications
Recommendation: Receive preliminary results from the Social Services Grant Funding process, provide funding clarification requested by the Social Services Commission, and provide direction as appropriate.
Manager Hamilton presented the report.
MOTION
Council Member Warner moved and Mayor Pro Tem Dutra seconded a motion to pursue Option 3, which would dissolve the two focus groups and create one pot of funding. The question was called and the motion carried 3-0-2, Council Member
0. Martinez, and Council Member J. Martinez absent.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner attended the Tree lighting ceremony and the YMCA breakfast; indicated she not able to attend the previous Council meeting because she was ill; and wished everyone a Merry Christmas and a happy New Year.
CONSENSUS
By consensus, the City Council directed Staff to agendize discussions of the La Serna and Janine Drives intersection, an increase for the lateral transfer of police officers, a Whittier Poet Laureate program, and parking on Greenleaf Avenue between Hadley Street and Orange Drive.
Council Member 0. Martinez thanked staff for their hard work.
Mayor Pro Tern Dutra thanked staff for their hard work in putting together the holiday events throughout the City and wished everyone a Merry Christmas and a Happy New Year.
Mayor Vinatieri congratulated the City Council and Staff for their work relative to Uptown; discussed the Holiday Sonata, the Uptown Parade, and the Tree Lighting event; congratulated La Serna High School football team on their state championship victory; discussed the zero-bail hearing at the Orange County Superior Court; and wished everyone a Merry Christmas and a happy New Year.
16. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 10:10 p.m.
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