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Whittier City Council
April 30, 2024

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Minutes
Meeting
April 30, 2024
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Whittier City Council
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Text extracted from the city's file for reading and search. Open the original on online.cityofwhittier.org. That file is the official record.

NOTICE AND CALL OF SPECIAL MEETING BY MAYOR VINATIERI
AGENDA

WHITTIER CITY COUNCIL

WHITTIER REDEVELOPMENT SUCCESSOR AGENCY

WHITTIER UTILITY AUTHORITY

SPECIAL MEETING
COUNCIL CHAMBER, 13230 PENN STREET
APRIL 30, 2024, 5:30 PM

CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on March 12, 2024. Mayor Pro Tern Warner called the meeting to order at 5:30 p.m. in the Council Chamber of Whittier City HaIl, 13230 Penn Street, Whittier, California.

2. PUBLIC COMMENT ON CLOSED SESSION

3. CLOSED SESSION

3.A. Conference with Legal Counsel — Anticipatec~ Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(e)(1):

One case.

4. CALL TO ORDER - REGULAR SESSION
Mayor Pro Tern Warner called the Regular Session to order at 6:05 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.

5. ROLL CALL
PRESENT:

Cathy Warner, Mayor Pro Tem
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
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Kyle Cason, Director of Public Works
Ben Pongetti, Director of Community Development
Virginia Santana, Director of Parks, Recreation and Community Services
Yolanda Martinez, Director of Human Resource/Risk Management Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes April 30, 2024 Page 2 of 4
Mayor Pro Tern Warner indicated Mayor Vinatieri was absent because the Mayor has a conflict of interest with the item since he owns a business in Uptown Whittier.

6. PLEDGE OF ALLEGIANCE
Council Member Pacheco led the Pledge of Allegiance.

7. CLOSED SESSION REPORT
City Attorney Collins indicated there was nothing to report out of Closed Session.

8. APPROVAL OF AGENDA
MOTION
Council Member Dutra moved and Council Member Pacheco seconded a motion to hear the staff presentation of Item 10.A. before Item 9 to allow the public to hear information that may answer questions on the project before taking public comment. The motion carried unanimously.

10. STAFF REPORTS

10.A. Greenleaf Promenade
Recommendation: Receive and file the report and provide direction as necessary.

City Manager Saeki presented the approval process, the environmental process, and a recap of the February 20, 2024, Study Session meeting. City Manager Saeki, City Attorney Collins, Director Pongetti, and Director Cason answered questions regarding the appeal process for tree removal; liability and the risks associated with known liabilities; the tree watering process in the project area and citywide; the placement of historic streetlights; the purview of the Historic Resources Commission (HRC) in the streetlight design process; the legal requirements that would trigger the HRC’s participation; and photometric survey.

City Manager Saeki presented the phased approach and liability. City Manager Saeki and Director Martinez answered questions regarding the chargeable losses related to trees; the California Insurance Pool Authority (CIPA); the calculations for determining CIPA contributions; the percentage of claims paid out by the City of Whittier; levels of coverage; and the responsibility for coverage if City is dropped by CIPA and excess insurance carriers.

City Manager Saeki presented on the project impact analysis. City Manager Saeki, Jeff Cram (from West Coast Arborists), and Alan Ashimine (from Michael Baker International) answered questions regarding tree protection zones; the factors contributing to the tree protection radius zones; the root system of Ficus trees; California native trees; authority of the American National Standards Institute (ANSI) and International Society of Arboriculture; creation of best practices and guidelines; minimum tree protection zones; alternate tree options; Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes April 30, 2024 Page 3 of 4
the certifications provided by the International Society of Arboriculture; air spading; the process of carbon sequestration; model used to create the forecast of carbon sequestration; the net change of the carbon dioxide sequestered in the existing and proposed scenarios; and Michael Baker International’s qualifications.

City Manager Saeki presented the takeaways. City Manager Saeki, Director Cason, and Director Santana answered questions regarding the vision of the phased approach of the 2008 Uptown Specific Plan; alternative phasing options and their impacts; infrastructure projects in the area; the removal of trees on Painter Avenue; and the costs of a phased approach.

RECESS
Mayor Pro Tem Warner called a recess. The meeting reconvened with all Council Members present.

9. PUBLIC COMMENTS
Mayor Pro Tem Warner indicated that any members of the audience who wish to deliver a public comment should submit a Public Comment Speaker Card 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 teleconference public comments:

Cathy and D.K.

The following individuals provided live public comments:

Bob Henderson; Allan Zolnekoff; Helen Rahder; Henry Bouchot; Tom Hall; Nicole Shahenian; Javier Garcia; Veronica Munoz; Mary Samoniantz; David Gonzalez; Jason Moreno; Teresa; Athony Avila; Bob Cox; Deanna Woirhaye; Conny McCormack; Elise Granade; Ciel Granade; Stephanie Vallejo; Monica Sena; Linda DeVries; Tom Bihr; Gail Cofer; Mary Gorman-Sullens; James Becerra; David Dickerson; Justin Tipton; Claudia Prado; Fabio Soto; Linda; Rick Gonzalez; Ernie Avila; Alex; Maggie Moe; Andrew Estrada; Chris Foster; Jeff Louthe; Jill FriezePrado; Nancy Berges; Steven Goldman; Charles Bennett; and Briana Carmona; Joanna; Rudy Juarez-Pinedo; Rolando Cano; Ricardo lzquierdo; Eric Vasquez; Noa Larios; Eva Rodriguez; Elias Mola; Noel Mayorga; Nicholas; Victoria Lopez; Joshua; Alex Mendoza.

City Staff took an accounting of additional members of the public who wanted to provide public comments.

City Manager Saeki addressed questions made during public comments about the increased costs for the project; a phased approach; the city program for sewer replacement; discussions with Pasadena City Staff; Los Angeles County Health Department requirements for businesses; test for roots impacting buildings; the future development of Uptown parking; Mayor Vinatieri’s recusal from the meeting; the construction time for the project; tree replacement; approval of CEQA approvals; and tree care.

Whittier City Council/Redevelopment Successor Agency/Utility Authority Minutes April 30, 2024 Page 4 of 4
Director Martinez summarized the City Staffs discussion with the Pasadena City Staff regarding tree planting and answered questions regarding the private contractor that planted trees in Pasadena and the location of those trees.

The following individuals provided live public comments:

Isaiah Leslie Leon Savage; Laura Garcia; Dominic Lujan; NayNay; Edward Farrage; Jairo Gil; Ruben Valdez; Anonymous.

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.

The City Council deliberated.

City Attorney Collins answered a question regarding adjourned and continued meetings.

CONSENSUS
By consensus, the City Council directed Staff to agendize a future meeting to discuss additional information pertaining to the Greenleaf Promenade project, including options for 72-inch box trees and a phased approach.

11. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS None.

12. ADJOURNMENT
Mayor Pro Tem Warner adjourned the meeting at 10:15 p.m.

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