MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBERS, 13230 PENN STREET
SEPTEMBER 24, 2024, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on September 10, 2024. Mayor Pro Tern Warner 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
None.
3. CLOSED SESSION
3.A. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
James Uhi v. City of Whittier, Claim Nos. 603905, 572017, 594876
4. CALL TO ORDER - REGULAR SESSION
Mayor Pro Tern Warner called the Regular Session to order at 6:33 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
5. ROLL CALL
PRESENT:
Cathy Warner, Mayor Pro Tern
Octavio Martinez, Council Member
Fernando Dutra, Council Member
Mary Ann Pacheco, Council Member
ABSENT:
Joseph A. Vinatieri, Mayor
STAFF PRESENT:
Brian Saeki, City Manager
Keith Collins, City Attorney
Scott Porter, Assistant City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia Jr., City Clerk
Katie Galvin-Surbatovic, Public Information Officer
Ben Pongetti, Director of Community Development
Kyle Cason, Director of Public Works
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6. PLEDGE OF ALLEGIANCE
Council Member Dutra led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Collins indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Puente Hills Habitat Authority
Mayor Pro Tem Warner invited Andrea Gullo, Executive Director of the Puente Hills Habitat Authority, and Ivan Sulic, Chair of the Board of Directors to the Puente Hills Habitat Authority and Deputy to Los Angeles County Supervisor Janice Hahn, to the lectern.
Mr. Sulic provided information about Measure PH, which will appear on the November 5, 2024 ballot and answered questions regarding fact sheets and a sunset date.
The City Council thanked Ms. Gullo and Mr. Sulic.
8.B. Los Angeles County Sanitation Districts - Good Corporate Citizens Mayor Pro Tern Warner discussed the Los Angeles County Sanitation Districts Good Corporate Citizens award and indicated that the following industries received awards:
• Tool & Jig Plating Company
• Russ Bassett Corporation,
• City of Whittier Savage Canyon Landfill
Ryan Rodriguez accepted the award on behalf of the Savage Canyon Landfill.
9. APPROVAL OF AGENDA
MOTION
Council Member Dutra moved and Council Member Pacheco 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.
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The following individuals provided live public comments:
Tom Hall; Veronica Garcia; Javier Garcia; Mr. Money; Yolanda Garcia; Cynthia Vantol; Josie Calderon; Mary Gorman-Sullens; Magdalena Barragnon Moe; Isaiah Leslie Leon Savage; Alex Rocha; and Rolando Cano.
RECESS
Mayor Pro Tem Warner called a recess. The meeting reconvened with all Council Members present, except Mayor Vinatieri.
The public comment portion of the meeting continued with Rolando Cano and anonymous.
Catherine Heath Aguilar 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 or through a public records request.
11. CITY MANAGER REPORT
City Manager Saeki indicated that:
1. Athens is hosting a composting event on Saturday, October 5, 2024 at the Uptown Senior Center, and Republic is hosting a community clean up event at Parnell Park on October 19, 2024 that includes compost, shredding, e waste collection, and a donation collection.
2. On October 10, 2024, the Whittier Public Library Foundation will be hosting the 1 Qth Annual Booktoberfest at the Central Library.
3. On October 26, 2024, the City will be hosting the Spooktacular 5K Run/Walk.
4. On Saturday, September 28, 2024 the City will be hosting a Movies at the Park event at Penn Park, and the featured movie is “IF.”
5. The Public Works crew continues to remove signs in the public right-of-way, including signs stapled on trees and political signs.
12. JOINT CONSENT CALENDAR
Council Member Pacheco pulled Item 12.N. for individual consideration.
Council Member Dutra pulled Item 12.L. for individual consideration.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Consent Calendar with the exception of Items 12.L. and 12.N. 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 August 20, 2024 Special Meeting and August 27, 2024 Regular Meeting Minutes.
This item previously indicated “September 27” instead of “August 27.”
12.C. Claims Against the City
Recommendation: Deny claims filed by Sherry Perales, Matthew Lee, Mercury Insurance Company for Victor Rios, Geo Y. Lim, Jorge Flores, Dana De La Riva, and Veronica Garcia.
12.D. Second Reading of Ordinance No. 3160 - CaIPERS Contract Amendment
Recommendation: Conduct the second reading and adopt Ordinance No. 3160, authorizing an amendment to the contract between the City Council of the City of Whittier and the Board of Administration of the California Public Employees’ Retirement System.
12.E. Special Event Permit - 2024 Los Muertos Festival
Recommendation: Approve a special event permit and waive City fees in the amount of $2,400 for the annual Los Muertos Art & Music Festival in Uptown Whittier, hosted by Casita del Pueblo on October 13, 2024, from 11:00 a.m. to 5:00 p.m.
12.F. Chicken (Hen) Fee Reduction Extension
Recommendation: Adopt Resolution No. 2024-55, amending Resolution No. 8865 to temporarily extend the Minor Conditional Use Permit (MCUP) fee resolution for certain application services related to the ownership and keeping of specified fowl on any Residential (R)-zoned lot effective through October 10, 2025.
12.G. Professional Services Agreement with GRC Associates, Inc.
Recommendation: Approve the professional service agreement with GRC Associates, Inc. with an expenditure not to exceed $100,000 and authorize the City Manager to execute the agreement and necessary amendments.
12.H. Professional Services Agreement with MDG Associates, Inc.
Recommendation: Approve the professional service agreement with MDG Associates, Inc. with an amount not to exceed $100,000 and authorize the City Manager to execute the agreement and necessary amendments.
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12.1. Extension of Software Agreement with CentraiSquare Technologies, LLC-UKG Ready
Recommendation:
1) Approve and authorize the City Manager to execute an agreement for an extension with CentralSquare Technologies, LLC-UKG Ready for the implementation of a human resources and payroll system; and 2) Adopt Resolution No. 2024-56, amending the Fiscal Year 2024-25 Budget with a supplemental appropriation for the extension of software agreement with CentralSquare Technologies, LLC-UKG.
12.J. 2024 Edward Byrne Memorial Justice Assistance Grant Recommendation: Accept the 2024 Edward Byrne Memorial Justice Assistance Grant in the amount of $15,262.
12.K. 23-002 Sidewalk Maintenance Program (Phase 1) - Notice of Completion
Recommendation:
1) Accept the public sidewalk easement from 13205 Philadelphia Street and 6705 Painter Avenue;
2) Authorize the City Clerk to execute the public sidewalk easement document;
3) Accept the work pertormed by S&H Civilworks for the 23-002 Sidewalk Maintenance Program (Phase 1); and
4) Authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.
12.M. 23-012 Community Center Roof Replacement Project — Award of Contract
Recommendation:
1) Adopt Resolution No. 2024-58, amending Fiscal Year 2024-25 Budget with an appropriation for 23-012 Community Center Roof Replacement Project;
2) Award the construction contract to Best Contracting Services Inc., in the amount of $574,525 for the 23-012 Community Center Roof Replacement Project;
3) Reject all other bids;
4) Authorize the City Manager to sign the construction contract on behalf of the City; and
5) Approve $57,453 in contingency for the Project subject to the approval of the City Manager.
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12.0. 24-012 La Serna Drive North of Whittier Boulevard Rehabilitation Project - Notice of Completion
Recommendation: Accept the work performed by R.J. Noble Company for the 24-012 La Serna Drive North of Whittier Boulevard Rehabilitation Project and authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.
The following items were pulled for individual consideration:
12.L. 23-008 Michigan Park Improvements Project — Notice of Completion Recommendation:
1) Adopt Resolution No. 2024-57, amending the Fiscal Year 2024-25 Budget to add supplemental appropriation in the amount of $34,920 for the Michigan Park Improvements Project;
2) Accept the work performed by TOWO Enterprises, Inc. for the Michigan Park Improvements Project; and
3) Authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.
City Manager Saeki answered questions regarding aesthetic enhancements to the modular building at Michigan Park.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to adopt Resolution No. 2024-57, amending the Fiscal Year 2024-25 Budget to add supplemental appropriation in the amount of $34,920 for the Michigan Park Improvements Project; accept the work performed by TOWO Enterprises, Inc. for the Michigan Park Improvements Project; and authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier. The question was called and the motion carried 4-0.
12.N. 2025 Business Improvement Area (BIA) Assessments
Recommendation:
1) Approve the Whittier Uptown Association 2023-2024 annual report and proposed 2025 budget.
2) Adopt Resolution No. 2024-59 declaring the City’s intention to levy and collect assessments within the Uptown Whittier Business Improvement Area for calendar year 2025.
3) Schedule a public hearing to consider the matter on October 22, 2024.
City Manager Saeki and Public Information Officer Galvin-Surbatovic answered questions regarding the relationship between the City of Whittier and the Whittier Uptown Association; the process for determining and collecting assessments; and the annual report submitted by the Uptown Association.
Justin Tipton, president of the Whittier Uptown Association, answered questions regarding the Association’s founding year and membership composition.
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MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Whittier Uptown Association 2023-2024 annual report and proposed 2025 budget; adopt Resolution No. 2024-59 declaring the City’s intention to levy and collect assessments within the Uptown Whittier Business Improvement Area for calendar year 2025; and schedule a public hearing to consider the matter on October 22, 2024. The question was called and the motion carried 4-0.
13. PUBLIC HEARINGS
13.A. 2023-24 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, 2023, and ending June 30, 2024; 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 loan maximums for rehabilitation projects; the City Manager’s signing authority; whether HOME Investment Partnership Act (HOME) funds and Community Development Block Grants (CDBG) funds can be combined; maximum HOME and CDBG funds that can be used for a singular project; the timeline for the next Five-Year Consolidated Plan; and unutilized allocations.
Mayor Pro Tern Warner opened the public hearing.
Mayor Pro Tern Warner 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.
Rolando Cano and Magdalena Barragnon Moe provided live public comments.
There were no teleconference public comments.
Mayor Pro Tern Warner closed the public hearing.
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MOTION [~j
Council Member Dutra moved and Council Member Martinez seconded a motion to approve the Consolidated Annual Performance and Evaluation Report (CAPER) for the period beginning July 1, 2023, and ending June 30, 2024; 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 question was called and the motion carried 4-0.
13.B. Ordinance No. 3161 — Rent Stabilization in Mobilehome Parks Annexed into Whittier
Recommendation: Introduce and conduct the first reading of Ordinance No 3161, adding Chapter 9.20 to Title 9 of the Whittier Municipal Code Relating to rent stabilization in mobilehome parks which parks are annexed into the City of Whittier from Unincorporated County of Los Angeles.
Environmental Review
Pursuant the ordinance is not a “project” subject to the California Environmental Quality Act (CEQA), because this ordinance merely establishes economic regulations which do not cause any impact on the environment. Even if such regulations did impact the environment, because the differences between the two ordinances are extremely minor, this ordinance does not create any significant changes to the environment, but rather, preserves the status quo.
Director Pongetti presented the report. City Manager Saeki, City Attorney Collins, Assistant City Attorney Porter, and Director Pongetti answered questions regarding sunset dates for rent stabilization; whether there is rent control in other mobilehome parks; changes in ownership of the mobilehome park; senior covenants on the property; capital improvement capped amounts and pass throughs; the responsibility of infrastructure improvements to the property; the rationale for the $90 fee; and equity in rent stabilization among other parks.
Mayor Pro Tem Warner opened the public hearing.
Mayor Pro Tem Warner 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.
Magdalena Barragñon Moe provided a live public comment.
There were no teleconference public comments.
Mayor Pro Tem Warner closed the public hearing.
The City Council deliberated.
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MOTION
Council Member Dutra moved and Council Member Pacheco seconded a motion to introduce and conduct the first reading of Ordinance No 3161, adding Chapter
9.20 to Title 9 of the Whittier Municipal Code Relating to rent stabilization in mobilehome parks which parks are annexed into the City of Whittier from Unincorporated County of Los Angeles. The question was called and the motion carried 4-0.
RECESS
Mayor Pro Tem Warner called a recess at 8:20 p.m. The meeting reconvened with all Council Members present.
14. STAFF REPORTS
14.A. City Street Lighting
Recommendation: Receive and file the report and provide direction as necessary.
Director Cason presented the report. City Manager Saeki and Director Cason answered questions regarding lighting in District one; areas of Whittier with fewest streetlights; process for adding streetlights to areas; cost of adding streetlights; opportunities for cost sharing; operation and maintenance costs of solar lights; power sources for streetlights; Southern California Edison’s (SCE) ability to provide power to if street lights are expanded; creation of new lighting districts; adding poles in county and non-county areas; cost of standardization and upgrades of poles; historic lights; LED lights; cost of city lighting; sources of General Fund money; the imposing developer fees for lighting; cobrahead lights; and low-cost street light and street pole options.
CONSENSUS
By consensus, the City Council directed Staff to bring information on shared trench costs, solar lights, and imposing lighting fees on developers.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to receive and file the report and add the Proposition 218 requirements to the City’s current street light process. The motion carried 4-0.
14.B. Survey of Additional Properties in the vicinity of the Central Park Historic District
Recommendation: Receive and file the information provided and direct staff to prepare necessary documents.
Director Pongetti presented the report and answered questions regarding a recommendation from the Historic Resources Commission and comments made during the public comment portion of the meeting.
MOTION
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Council Member Dutra moved and Council Member Pacheco seconded a motion to study the recommended 25 properties near the existing Central Park survey area. The motion carried 4-0.
15. COUNCIL MEMBER! DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member Martinez indicated that he and Council Member Pacheco attended the opening of the new health clinic on Painter Aye, the Puente Hills Habitat Preservation Authority 30th~year anniversary celebration event, and the Boys and Girls Gala fundraiser.
Council Member Dutra thanked his colleagues for attending the opening of the new LGBTQ+ Center and indicated that he attended the Paralympics in Paris, France, on behalf of the Metro Board.
Council Member Pacheco indicated that the Greater Los Angeles Vector Control District has released information regarding mosquito abatement and pests that can damage fruit trees; discussed the opening of the new LGBTQ+ Center; indicated she attended the Puente Hills Habitat Preservation Authority 30tu1~year anniversary celebration event and the Wake-Up Whittier event.
CONSENSUS
By consensus, the City Council directed Staff to bring back a future agenda item regarding a celebration of the Lunar New Year.
Mayor Pro Tern Warner thanked her colleagues for their service on the outside agencies and boards and discussed attending the La Serna football game.
16. ADJOURNMENT
Mayor Pro Tern Warner adjourned the meeting at 9:25 p.m.