NOTICE AND CALL OF SPECIAL MEETING BY MAYOR VINATIERI
MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
SPECIAL MEETING
COUNCIL CHAMBERS, 13230 PENN STREET
OCTOBER 29, 2024, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on October 29, 2024. Mayor Vinatieri called the meeting to order at 6:03 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 — Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(e)(1):
One Case
4. CALL TO ORDER - REGULAR SESSION
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
Cathy Warner, Mayor Pro Tern
Octavio Martinez, Council Member
Fernando Dutra, Council Member
Mary Ann Pacheco, Council Member
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
Council Member Dutra led the Pledge of Allegiance.
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7. CLOSED SESSION REPORT
City Attorney Collins indicated there was nothing to report out of Closed Session.
8. APPROVAL OF AGENDA
MOTION
Mayor Pro Tern Warner moved and Council Member Dutra seconded a motion to approve the Agenda. The motion carried unanimously.
9. 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.
Isaiah Leslie Leon Savage provided a live public comment.
There were no teleconference public comments.
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.
10. CITY MANAGER REPORT
City Manager Saeki thanked Director Santana, her staff, and the Whittier Community Foundation for hosting the Spooktacular 5K run; indicated that on November 11, 2024, the City would be hosting a Veteran’s Day event at City Hall at 10:00 a.m.; and clarified that the City Council has never defunded the police or considered being a sanctuary city.
City Clerk Garcia encouraged residents to have an election plan. Vote Centers in Whittier will open starting Saturday, November 2, 2024. The City Clerk Department will be hosting a vote-by-mail drive-through event on Election Day from 7 a.m. to 7 p.m.
11. JOINT CONSENT CALENDAR
Council Member Pacheco pulled Item 11 .B. for individual consideration.
Mayor Vinatieri indicated he was recusing himself from Item 11 .B. due to a conflict because one of his colleagues represents PIH.
Council Member Martinez recused himself from 11 .B. because he is employed by one of the organizations that receives funding from the Social Services Grant.
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MOTION
Mayor Pro Tern Warner moved and Council Member Dutra seconded a motion to approve the Consent Calendar, with the exception of Item 11 .B., noting Mayor Vinatieri and Council Member Martinez’s recusals on Item 11 .B. The question was called and the motion carried 5-0.
11.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.
Mayor Vinatieri and Council Member Martinez exited the Chamber. Mayor Pro Tern Warner presided over the meeting.
The following item was pulled for individual consideration:
11 .B. Social Services Grant Funding Program FY 2024-25 Recommendation: Approve the Fiscal Year 2024-25 distribution of Social Services Funding in the amount of $169,956 as recommended by the Social Services Commission.
City Manager Saeki and Director Santana answered questions regarding the allocated and awarded amount of funding; the deadline for submission; advertising efforts; and the application requirements.
MOTION
Council Member Dutra moved and Council Member Pacheco seconded a motion to approve the Fiscal Year 2024-25 distribution of Social Services Funding in the amount of $169,956 as recommended by the Social Services Commission. The question was called and the motion carried 3-0-2, Mayor Vinatieri and Council Member Martinez absent.
Mayor Vinatieri and Council Member Martinez entered the meeting. Mayor Vinatieri presided over the meeting.
12. STAFF REPORTS
12.A. Solid Waste Collection Franchise Agreement - Resolution of Intent Recommendation:
1) Adopt Resolution No. 2024-68, declaring its intent to consider the granting of a Franchise to Arakelian Enterprises, Inc. (DBA Athens Services) to provide solid waste, recycling, and organics services in the City of Whittier and make a finding that the granting of the franchise is exempt for review under the California Environmental Quality Act. 2) Approve Staff recommendation of accepting Athens Services negotiated proposal.
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3) Find that granting of a franchise is exempt from review under the California Environmental Quality Act Section 15061 (b)(3) of Division 6 of Title 14 of the California Code of Regulations.
4) Set a public hearing at the City Council meeting to be held on November 19, 2024, at 6:00 p.m. in the City Council Chamber.
Director Cason presented the report. City Manager Saeki, City Attorney Collins, and Director Cason answered questions regarding the reporting nature of the complaints; the Whittier Beautification program; location of alleys; the correlation between the size of a city and the cost of services for trash pick-ups; collection and replacement of old trash bins; the increase in the rate adjustment cap on collection cost component of rate adjustment formula; the total percentage of increase at the end of the contract; the procurement reimbursement payment; the special rate adjustment; the “reasonable” clause in the extraordinary adjustments section of the proposal; existing services in the recently annexed area; the rates for services in the negotiated proposal; recent lawsuits regarding franchise payments; typical residential trash rates for each hauler; rate information for unincorporated Whittier; consultant audit obligations under the negotiated contract; the no trigger clause under the negotiated proposal; the roll out process for recently annexed areas; the school district’s trash providers; the flexibility of shifting service areas for porter service; and Athens’ education campaign for SB 1383. E]
Gary Clifford, from Athens Services, answered questions regarding audits and roll out of carts for new customers (i.e. old Republic Services customers).
The City Council deliberated.
MOTION
Council Member Dutra moved and Council Member Pacheco seconded a motion to adopt Resolution No. 2024-68, declaring its intent to consider the granting of a Franchise to Arakelian Enterprises, Inc. (DBA Athens Services) to provide solid waste, recycling, and organics services in the City of Whittier and make a finding that the granting of the franchise is exempt for review under the California Environmental Quality Act. The question was called and the motion carried unanimously.
MOTION
Council Member Pacheco moved and Council Member Martinez seconded a motion to approve Staff recommendation of accepting Athens Services negotiated proposal. The motion carried unanimously.
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MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to find that granting of a franchise is exempt from review under the California Environmental Quality Act Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations. The motion carried unanimously.
MOTION
Council Member Dutra moved and Council Member Martinez seconded a motion to set a public hearing at the City Council meeting to be held on November 19, 2024, at 6:00 p.m. in the City Council Chamber. The motion carried unanimously.
RECESS
Mayor Vinatieri called a recess. The meeting reconvened with all Council Members present.
12.B. Whittier People Mover - Next Steps
Recommendation: Provide direction on the implementation of a pilot neighborhood electric vehicle service.
Assistant City Manager DeLong presented the report and answered questions regarding the east and west service areas; speed limits on Whittier Boulevard; the potential connection to the Quad and trailheads; additional cost savings measures; the cost per ride; ADA accessibility; services hours; the cost of Option 1 and 2; and the potential to enlarge the service area of option 1.
The City Council deliberated.
MOTION
Mayor Pro Tem Warner moved and Council Member Dutra seconded a motion to pursue the business district-based neighborhood electric vehicle (NEV) option (Option 1) as a pilot program. The motion carried unanimously.
12.C. Ad Hoc Committee for the Council Chamber Remodel
Recommendation: Receive and file information on the proposed City Council Chamber Renovation, providing direction as appropriate, and appoint two members to an ad hoc committee to advise on project development.
City Clerk Garcia presented the report. City Manager Saeki and City Clerk Garcia answered questions regarding past actions regarding the item; the scope of the ad hoc committee’s work; timeline of the project; a preliminary budget; additional uses of the room, including as an extension of the Emergency Operations Center; and current ADA accessibility to dais.
The City Council deliberated.
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MOTION
Mayor Vinatieri moved and Council Member Pacheco seconded a motion to move forward with preliminary designs and a potential budget. The question was called and the motion carried 4-1, Mayor Pro Tern Warner dissenting.
MOTION
Mayor Vinatieri moved and Council Member Dutra seconded a motion to appoint Council Member Dutra and Council Member Pacheco to the Council Chamber Remodel Ad Hoc Committee, with a sunset date of April 2025. The motion carried 4-1, Mayor Pro Tern Warner dissenting.
Mayor Pro Tern Warner indicated that at the next City Council Meeting, she would request to agendize a report regarding group homes.
13. ADJOURNMENT
Mayor Vinatieri adjourned the meeting at 9:22 p.m.
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