NOTICE AND CALL OF SPECIAL MEETING BY MAYOR VINATIERI
MINUTES
WHITTIER CITY COUNCIL
SPECIAL MEETING
COUNCIL CHAMBER, 13230 PENN STREET
FEBRUARY 20, 2024, 5:30 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on February 20, 2024. Mayor Pro Tern Dutra called the meeting to order at 5:30 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)(2):
One Case. Proposed Tolling Agreement regarding Greenleaf Promenade from Carstens, Black & Minteer LLP (Attached)
4. CALL TO ORDER - REGULAR SESSION
Mayor Pro Tern Dutra called the Regular Session to order at 6:00 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
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
Ben Pongetti, Director of Community Development
Yolanda Martinez, Director of Human Resources/Risk Management Whittier City Council Minutes
February 20, 2024 Page 2 of 4
6. PLEDGE OF ALLEGIANCE
Council Member Warner led the Pledge of Allegiance.
Mayor Pro Tern Dutra asked for a moment of silence for the seventh-year anniversary of Officer Keith Boyer’s death.
7. CLOSED SESSION REPORT
City Attorney Collins indicated that there was nothing to report out of Closed Session.
8. APPROVAL OF AGENDA
Mayor Pro Tern Dutra requested that the Staff Report be presented first, followed by public comments, and then Council questions and deliberation.
MOTION
Council Member Warner moved and Council Member J. Martinez seconded a motion to move the staff presentation for Item 10.A. before Item 9 and approve the agenda. The motion carried unanimously.
10. STAFF REPORTS
bA. Greenleaf Promenade
Recommendation: Receive and file the report and provide direction as necessary.
City Manager Saeki presented on the Uptown Whittier history, the 2008 Uptown Whittier Specific Plan, the 2019 Uptown Whittier Streetscape Beautification Plan:
the effect of COVID-19: the Greenleaf Promenade timeline; the Greenleaf Promenade 2021 results: existing trees: previous design options and selections for the Greenleaf Promenade; actions taken at the December 12, 2023 public hearing; concerns raised by the public subsequent to the December 12, 2023 public hearing including compliance with the 2008 Uptown Specific Plan, Parkway Tree Manual Compliance, increased costs, California Environmental Quality Act (CEQA) compliance, liability, and replacement trees; and the final design.
9. PUBLIC COMMENTS
Mayor Pro Tern 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.
City Attorney Collins answered a question related to the Brown Act and the time allotted for public comments.
Whittier City Council Minutes
February 20, 2024 Page 3 of 4
The following individuals provided live public comments:
Justin Tipton; Alyson Tietze; Dave Gonzalez; Samuel Hall; Rudy Hernandez; AnnMarie Hayashi; Brenda; Fabio Soto; James Becerra; Claudia Prado; Frank Medina; Jesse; Rick Gonzalez; Adolf Biza; Jason; Bryant Siono; Aaron Melendrez; John Kennedy; Steven Obregon; Bonita Estrada; Melinda Estrada; Nicholas Rodarte; Andrew Estrada; Linda Garrido; Jose Arrevalo; Paul White; Christopher Foster; Leyla Hernandez; Jill Frieze-Prado; Ruben Valdez; and Isaiah Leslie Leon Savage.
RECESS
Mayor Pro Tern Dutra called a recess. The meeting reconvened with all Council Members present except Mayor Vinatieri.
Live public comments continued with:
Conny McCormack; Bob Henderson; Gail Cofer; Mel Sturr; Helen Rahder; David Dickerson; Owen Newcomer; Austin McCormack; Steven Hernandez; Magdalena Barragnon Moe; Alex; Ivy; Joanna; Josué Alvarado; Ernie Avila; Mel; Henry Bouchot; Brian Ahern; David Rodriguez; Rolando Cano; Alan Zolnekoff; Glen McClure; Tom Burr; and Monica Sena.
Catherine Siez and Susan Cameron provided 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.
Mayor Pro Tern Dutra indicated that Mayor Vinatieri could not attend the meeting because he was recused due to a conflict of interest, as he owns a business in Uptown Whittier.
City Manager Saeki clarified that the City did not fire all city workers, did not defund the police, and has never had 2,000 employees.
City Council Questions regarding Item 10.A.
City Manager Saeki, Director Cason, Director Pongetti, and Director Martinez answered questions regarding the feasibility of a phased-in approach; a one-way street as a mitigation option; curbing around trees; future and current elevations; impacts of grading; permeable concrete; street flooding; curb and gutters; infiltration rate of soil; increases to the cost of the project; inclusion of upgrades to infrastructure in the 2019 Gardens of Uptown Plan; acreage increase and CEQA requirements; irrigation and maintenance of trees; the removal of parking spots; maximum use of Bright Avenue parking structure; purchase of the Bright Avenue hotel; liability exposure; Penn Park settlement; open trip/fall claims involving trees; surrounding tree cities; and sewer lateral replacement.
The City Council deliberated.
CONSENSUS
Whittier City Council Minutes
February 20, 2024 Page 4 of 4
By consensus, the City Council directed Staff to continue conversations with business owners, residents, and consultants regarding mitigation options and the irrigation and maintenance of trees.
11. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS None.
12. ADJOURNMENT
Mayor Pro Tern Dutra adjourned the meeting at 9:26 p.m.
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