MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
MARCH 12, 2024, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on March 12, 2024. Mayor Pro Tem Dutra 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
Approval of the February 13, 2024 Closed Session Minutes.
3.B. 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. BS1 28995
3.C. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Orange County Catholic Worker, ET AL v. Orange County, ET AL; Case No. 8:1 8-CV-001 55-DOC
3.D. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: APN 8126-001-035
City Negotiator: Brian Saeki
Property Negotiator: Pace Trust (Phillip J and Phyllis) Under Negotiation: Price and Terms.
4. CALL TO ORDER - REGULAR SESSION
Mayor Pro Tern Dutra called the Regular Session to order at 6:40 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
5. ROLL CALL
PRESENT:
Fernando Dutra, Mayor Pro Tern
Cathy Warner, Council Member
Octavio Martinez, Council Member
Jessica Martinez, Council Member
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ABSENT:
Joseph A. Vinatieri, Mayor
STAFF PRESENT:
Brian Saeki, City Manager
Keith Collins, City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Kyle Cason, Director of Public Works
6. PLEDGE OF ALLEGIANCE
City Clerk Garcia led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Collins indicated that there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Chamber of Commerce Quarterly Update
Mayor Pro Tern Dutra introduced Nicole Shahenian, President and CEO of the Chamber, who provided updates regarding the hiring of an additional Chamber staff member and the various Chamber events held in the last six months including the Economic Outlook Forum; Small Business Saturday; the Shop Home for Holidays Campaign; the Human Resources Forum; the Hathaway Golf Tournament; the State of the Nation program with Congresswoman Linda Sanchez; Wake-Up Whittier events; the mandated sexual harassment training programs; quarterly meetings with non-profit organizations; the addition of 94 new members; the 20 ribbon cuttings; the student program with the Whittier Union High School District; the Silver Shield Awards Banquet; and Whittier City Council Candidates’ Forum.
8.B. American Red Cross Month
Mayor Pro Tern Dutra presented Christina Sanchez, Ambassador and Community Outreach Specialist for the Red Cross, with a proclamation in honor of American Red Cross Month.
The City Council thanked Ms. Sanchez and the American Red Cross for all the services they provide for the community.
Ms. Sanchez thanked the City Council and residents for their support, encouraged everyone to donate blood, and discussed programs offered by the Red Cross.
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9. APPROVAL OF AGENDA
MOTION
Council Member Warner moved and Council Member 0. Martinez seconded a motion to approve the Agenda. The motion carried 4-0.
10. PUBLIC COMMENTS
Mayor Pro Tem Dutra 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:
Samuel Hall; David Dickerson; Bonnie Bilitch; Austin McCormack; Conny McCormack; Brian Ahern; Mayra Gutierrez; Veronica Aguilar Sanchez; Daniel Guzman; Javier Garcia; Michael Contreras; Harriett Foley; Magdalena Barragnon Moe; Isaiah Leslie Leon Savage; Rolando Cano; David Kornblum; and Diane Via.
The following individuals provided teleconference public comments:
Ricardo Lopez and Alex Rocha.
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 of Whittier will host an Arbor Day celebration at Penn Park on Thursday, March 14, 2024, at 10:00 a.m.
2. The traffic light concerns at the intersection at Mills Avenue and Lambert Road were previously addressed, so they should be working properly.
3. City Staff secured an additional $5.9 million in funding to continue with the clean-up of contamination in the area near Mar Vista and Whittier Boulevard.
12. JOINT CONSENT CALENDAR
Council Member Warner pulled Item 12.F. for individual consideration.
Mayor Pro Tem Dutra pulled Item 12.E. for individual consideration.
MOTION
Council Member 0. Martinez moved and Council Member J. Martinez seconded a motion to approve the Consent Calendar, with the exception of Items 12.E. and F. The question was called and the motion carried 4-0.
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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 February 13, 2024 Regular Meeting Minutes.
12.C. Claims Against the City
Recommendation: Deny claims filed by Maria C. Arriaga, Richard Galvan, Gloria Gomez, State Farm Mutual Insurance Company ASO Audra Wrightson, and Tianyu Ouyang.
12.D. California Humanities Grant
Recommendation: Adopt Resolution No.2024-13 amending the Fiscal Year 2023-24 Budget to accept a grant from California Humanities in the amount of $5,500 for the “Library Innovation Lab: Exploring New Ways of Engaging Immigrant Communities through Public Humanities Programming.” The following items were pulled for individual consideration:
12.F. Palm Avenue Improvement Project from Beverly Boulevard to Whittier Boulevard
Recommendation:
1) Award the construction contract to Big Ben Engineering in the amount of $8,390,957 for the construction of the Palm Avenue Improvement Project;
2) Reject all other bids;
3) Approve $839,096 in contingency funding subject to the approval of the City Manager;
4) Authorize the City Manager to sign on behalf of the City.
City Manager Saeki and Director Cason answered questions regarding the process for awarding bids for Public Works projects; water main, sewer main, and street repair projects in the project area; collaboration opportunities with the L.A.
County Sanitation District Nos. 2, 15, and 18; and the scope of the project.
MOTION
Council Member Warner moved and Council Member 0. Martinez seconded a motion to 1) award the construction contract to Big Ben Engineering in the amount of $8,390,957 for the construction of the Palm Avenue Improvement Project; 2) reject all other bids; 3) approve $839,096 in contingency funding subject to the approval of the City Manager; and 4) authorize the City Manager to sign on behalf of the City. The question was called and the motion carried 4-0.
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12.E. Caltrans 1-605 Detour Cooperative Agreement
Recommendation: Adopt Resolution No. 2024-14, amending the Fiscal Year 2023-24 Budget with a supplemental appropriation for City traffic mitigation measures resulting from Caltrans 1-605 improvements, and authorize the City Manager to execute a Cooperative Agreement with Caltrans in a not to exceed amount of $15,000 for the City of Whittier to receive reimbursement.
Director Cason answered questions regarding a Master Cooperative Agreement with Caltrans; potential impacts to traffic; and the inclusion of language allowing for additional reimbursements.
The City Council directed Staff to collaborate with Caltrans to include language in the Cooperative Agreement that would allow for additional reimbursements caused by project delays or other impacts to City of Whittier streets and traffic.
MOTION
Council Member Warner moved and Council Member 0. Martinez seconded a motion to adopt Resolution No. 2024-14, amending the Fiscal Year 2023-24 Budget with a supplemental appropriation for City traffic mitigation measures resulting from Caltrans 1-605 improvements, and authorize the City Manager to execute an amended Cooperative Agreement with Caltrans in a not to exceed amount of $15,000 for the City of Whittier to receive reimbursement. The question was called and the motion carried 4-0.
13. PUBLIC HEARINGS
None.
14. STAFF REPORTS
14.A. Update to the Five-Year Street Maintenance Program Recommendation: Receive and file an update to the Five-Year Street Maintenance Program.
Director Cason presented the report. City Manager Saeki and Director Cason answered questions regarding the pavement management plan; the use of a consultant; street prioritization and categorization process; a new evaluation system; pothole repairs; sidewalk repairs; the differences between concrete and asphalt streets; repairs to Palm Avenue; time frame for repair requests made through the Whittier 365 app; alley repaving; factors for determining repairs; rubberized asphalt; inclusion of new signage and street signs; the Safe Routes to School Program; green initiatives; permeable sidewalks; Capital Improvement Projects (CIP); and traffic calming measures.
CONSENSUS
By consensus, the City Council directed staff to bring back a discussion on a sidewalk policy.
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MOTION
Council Member Warner moved and Council Member J. Martinez seconded a motion to receive and file an update to the Five-Year Street Maintenance Program. The motion carried 4-0.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Warner discussed attending the Murphy Ranch Opening Night, Pony Baseball Opening Day, the Chamber of Commerce’s Candidates Forum, and the League of Women Voters Candidate Forum; thanked City Clerk Garcia and his staff for their hard work with the Election; and addressed the Arbor Day celebration.
Council Member 0. Martinez discussed attending the Whittier Public Foundation Tea and indicated he will be attending the Arbor Day celebration.
Council Member J. Martinez indicated she will be attending a Greater Los Angeles Vector Control District meeting on Thursday, March 14; thanked City Staff and the Red Cross; and indicated she will be attending the Arbor Day celebration.
Mayor Pro Tem Dutra reminded residents that the General Municipal Election is on April 9, 2024, encouraged all residents to vote, and thanked City Clerk Garcia and his staff for all their hard work in running the City’s General Municipal Election.
16. ADJOURNMENT
Mayor Pro Tem Dutra adjourned the meeting at 8:48 p.m.