MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
FEBRUARY 13, 2024, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on February 13, 2024. 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 January 09, 2024 Closed Session Minutes
3.B. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Carlos Marquez, Jr. vs. City of Whittier, Claim No. 24-591230-003
3.C. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Jessi Pollnow v. City of Whittier, Claim No. 609806
3.D. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Kenneth Blake v. City of Whittier, Claim No. CV04208
3.E. Conference with Legal Counsel — Anticipated Litigation, initiation of litigation pursuant to Government Code Section 54956.9(d)(4):
One Case, joining amicus brief in City of Grant’s Pass v. Gloria Johnson et.
Al., US Supreme Court
3.F. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Open Space Legal Defense Fund et al. v. City of Whittier et al. Court Case No. BS128995
3.G. Conference with Legal Counsel — Anticipated Litigation, initiation of litigation pursuant to Government Code Section 54956.9(d)(4):
One Case.
4. CALL TO ORDER - REGULAR SESSION
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Mayor Vinatieri called the Regular Session to order at 6:31 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, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Ben Pongetti, Director of Community Development
Kyle Cason, Director of Public Works
Aviv Bar, Chief of Police
Erin Hamilton, Community Services Manager
Jeff Lopez, Management Assistant
6. PLEDGE OF ALLEGIANCE
Council Member J. Martinez led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Collins indicated that in a unanimous vote, the City Council voted to join as amicus curiae in the case of City of Grant’s Pass v. Gloria Johnson et. Al., US Supreme Court. The case involves cities’ efforts to clarify the Martin v. Boise decision.
8. PRESENTATIONS
8.A. Blue Star — E2 Airman Apprentice Dominic Gasca Reyes Assistant Lopez read a biography about Dominic Reyes containing his education, training, and ties to the Whittier Community.
Mayor Vinatieri and Mayor Pro Tern Dutra thanked Dominic Reyes and his family.
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8.B. Whittier Warriors Youth Running Team
Mayor Vinatieri read a statement about the Team’s recent championship trip to Louisville, Kentucky, where they finished in 3rd place, and presented the team members with Certificates of Commendation.
The coaches discussed the boys’ hard work and dedication to the sport of running.
9. APPROVAL OF AGENDA
City Manager Saeki requested that Item 12.D. be moved to a future meeting.
MOTION
Mayor Pro Tern Dutra moved and Council Member 0. Martinez seconded a motion to approve the Agenda, with the exception of Item 12.D. 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:
Mary Sullens; Gail Cofer; David Dickerson; Mel Sturr; Helen Rahder; Alex; Chanel; Johanna; Isaiah Leslie Leon Savage; Adrian Montecinos; Eddie Gonzalez; Brian Ahern; and David Williams.
The following individuals provided teleconference public comments:
Binita; Conny McCormack; Ricardo Lopez; and Bianca.
Mayor Vinatieri invited Acting Assistant Fire Chief Jessica Post to speak about the Los Angeles Fire Department.
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 City Council will hold a special study session regarding the Greenleaf Promenade on Tuesday, February 20, 2024, at 6:00 p.m.
2. The historic lights in Uptown Whittier will be refurbished and remain a part of the new plan.
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3. The documents approved on December 12, 2023, were the appropriate environmental document and the final design of the project. There will be at least two additional opportunities to discuss the project at later stages.
4. The use of Utility funds for infrastructure projects is appropriate.
5. Information regarding liability will be posted to the website in the upcoming weeks.
6. The City of Whittier was recognized with a 2023 Gateway Cities Energy Action Award, Gold Level. The award celebrates Whittier’s commitment to sustainability and our continued efforts to advance energy efforts in the community.
7. On February 14, 2024, there will be a ribbon cutting event for the new Penn Park Playground beginning at 4:00 p.m.
12. JOINT CONSENT CALENDAR
Mayor Pro Tern Dutra pulled Item 12.E. 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 Item 12.E., and noting 12.D. was pulled for a future meeting. 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 January 9, 2024 Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Silvia Hernandez and Ricardo Lares.
I 2.D. Contractor Disclosure Ordinance
Recommendation: Introduce and conduct the first reading of Ordinance No. 3153, requiring provision of additional information regarding contractors who will be working on large construction projects.
This item was moved to a future meeting.
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12.F. CaIPERS Contract Amendment - Resolution
Recommendation:
1) Adopt Resolution No. 2024-07, approving a side letter of amendment to the CALPERS contract modifying Section 20516 (Employees Sharing Additional Cost) to reflect a reduction of 1% for new local miscellaneous members.
2) Approve Form CON-12, Certification of Governing Body’s Action. 3) Approve Form CON-12A, Certification of Compliance with Government Code Section 7507.
4) Approve Form CON-500, Certification of Compliance with Government Code Section 20516.
12.G. Asset Management Software - Professional Services Agreement Recommendation:
1) Authorize the Executive Director to execute a Professional Services Agreement with OpenGov, Inc. to provide asset management software and support services for a five-year term at a fee not to exceed $478,356; and
2) Adopt Resolution No. WUA-2024-02, amending Fiscal Year 2023-2024 Budget with a supplemental funding appropriation for the asset management system.
The following item was pulled for individual consideration:
12.E. Pre-Approved Construction Accessory Dwelling Unit (ADU) Plans and Template Program
Recommendation: Approve the Accessory Dwelling Unit (ADU) residential templates and adopt Resolution No. 2024-06, authorizing the completion of the City of Whittier’s Accessory Dwelling Unit (ADU) pre-approved construction plans.
Environmental
The Pre-Approved Construction Plans for Accessory Dwelling Units (ADU) is exempt under the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(3) statutory and categorical exemptions because the approval of the template ADU structures would not create a significant effect.
Director Pongetti answered questions regarding Accessory Dwelling Unit (ADU) options for brand new developments; availability of pre-approved plans for Junior Accessory Dwelling Units (JADU); two story detached ADUs; maximum height regulations; inclusion of mechanical plans; and compliance with state law.
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MOTION
Mayor Pro Tern Dutra moved and Council Member J. Martinez seconded a motion to approve the Accessory Dwelling Unit (ADU) residential templates and adopt Resolution No. 2024-06, authorizing the completion of the City of Whittier’s Accessory Dwelling Unit (ADU) pre-approved construction plans. The question was called and the motion carried unanimously.
13. PUBLIC HEARINGS
None.
14. STAFF REPORTS
14.A. Draft Parks Master Plan Discussion
Recommendation: Review and provide direction as appropriate for the Draft Parks Master Plan.
Manager Hamilton presented the report. City Manager Saeki, Manager Hamilton, and Jacob Leon from KTUA answered questions regarding adopted standards for levels of service; future park acreage; the projected acres per 1,000 population; the 10-year plan recommendations; list of priorities and goals and the timeline for implementation of goals; tree catalogue; dog parks; existing city programming; funding sources for projects and renovations; Quimby fees; a website link to the Draft Parks Master Plan; amenity opportunities for Broadway Park; walking paths; Greenway Trail; the inclusion of the Whittier Hills in the Master Plan; and a district comparison as it relates to parks.
The City Council deliberated.
MOTION
Council Member Warner moved and Mayor Pro Tern Dutra seconded a motion to receive and file the Draft Parks Master Plan and approve the seven initiatives and the short-term, mid-term, and long-term goals with the understanding that Staff will bring back an implementation plan, which will include the programming initiatives, state of facilities, and costs. The question was called and the motion carried unanimously.
14.B. Intersection of Janine Drive and La Serna Drive
Recommendation: Receive and file updates and provide direction as necessary.
Director Cason presented the report. City Manager Saeki, City Attorney Collins, Director Cason, and Chief Bar answered questions regarding the potential installation of crosswalks; City Council’s authority regarding warrants for traffic calming measures; liability associated with implementing unwarranted traffic calming measures; porkchops, medians, additional lighting and traffic signals as alternate traffic calming measures; accidents at the intersection involving pedestrians; collector streets; and school zone speed zone signs.
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MOTION
Council Member Warner moved and Mayor Pro Tem Dutra seconded a motion to direct Staff to install the school zone speed limit signs on La Serna and Janine Drives and research alternate traffic calming options. The motion carried unanimously.
Items 14.C. and 14.D. were considered concurrently.
14.C. City of Whittier and Whittier College “Town and Gown” Ad Hoc Recommendation: Consider the establishment of an Ad Hoc “Town and Gown” Committee to create goals and objectives for partnership with Whittier College and appoint two members to the Ad Hoc.
City Manager Saeki answered a question regarding Council Member 0.
Martinez’s eligibility to serve on the Social Services Ad Hoc Committee.
The City Council deliberated.
CONSENSUS
By consensus, the City Council established the “Town and Gown” Ad Hoc Committee, set a sunset date for May 2024, and appoint Mayor Vinatieri and Council Member Warner to the committee. The question was called and the motion carried unanimously.
14.D. City Council Ad Hoc Committee - Social Services Funding Recommendation: Provide direction on whether to establish a new Ad Hoc Committee related to Social Services funding and appoint two members if appropriate.
CONSENSUS
By consensus, the City Council established the Social Services Funding Ad Hoc Committee, set a sunset date for May 2024, and appoint Mayor Vinatieri and Council Member J. Martinez to the committee. The question was called and the motion carried unanimously.
15. COUNCIL MEMBER! DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner indicated she attended the Soroptimist International of Whittier fundraiser event and the ribbon cutting for mural project at Laurel school in East Whittier City school district; discussed opening day for Whittier Girls’ Softball; and shared that she has another great grandchild on the way.
Council Member 0. Martinez requested a traffic Study for Beverly Drive and Palm Avenue and reflected on his first two years as a Council Member.
CONSENSUS
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By consensus, the City Council directed Staff to bring back report on a traffic study for Beverly Drive and Palm Avenue.
Council Member J. Martinez thanked City Staff for their hard work.
Mayor Pro Tern Dutra discussed the awarded received by Gateway Cities award for sustainability; indicated that Metro would be making major improvements on 605 South Freeway at the Beverly Boulevard off-ramp; and wished his wife a Happy Valentine’s Day.
16. ADJOURNMENT - In Memory of Morris Sawyer
Mayor Vinatieri read a biography of Morris Sawyer and discussed his ties and contributions to the Whittier Community.
The City Council shared personal anecdotes and expressed their condolences.
Mayor Vinatieri indicated he would not be in attendance forthe February 20, 2024, Special Meeting regarding the Greenleaf Promenade because he will be recused due to being a business owner in Uptown.
Mayor Vinatieri adjourned the meeting at 9:50 p.m.